Schedules

Schedule 5Employment Tribunal Procedure Rules: further provision

Part 2Other amendments of the Employment Tribunals Act 1996

I1I25Employment tribunals

1

Section 9 (pre-hearing reviews) is amended as follows.

2

For the heading substitute “Preliminary hearings”.

3

For subsection (1) substitute—

1

If Procedure Rules authorise an employment tribunal to carry out a preliminary hearing, Procedure Rules may make provision for enabling such powers as may be prescribed by the Rules to be exercised in connection with the hearing.

4

In subsection (2)—

a

in the words before paragraph (a), for “regulations” substitute “Rules”;

b

in paragraph (a)—

i

for “pre-hearing review” substitute “preliminary hearing”;

ii

omit “under the regulations”;

iii

for “regulations” (in the remaining place it occurs) substitute “Rules”;

iv

omit “of an amount not exceeding £1,000”.

5

After subsection (2) insert—

2ZA

Procedure Rules of the kind mentioned in subsection (2)(a) may not provide for a deposit of an amount exceeding £1,000.

6

For subsection (2A) substitute—

2A

Procedure Rules may not enable a power of striking out to be exercised in a preliminary hearing on a ground which does not apply outside a preliminary hearing.

7

In subsection (3)—

a

for “Secretary of State” substitute “Lord Chancellor”;

b

for “(2)(a)” substitute “(2ZA)”.

8

Omit subsection (4).

9

At the end insert—

5

In this section “preliminary hearing” means a hearing in any proceedings before an employment tribunal which takes place at a time before a hearing held for the purpose of determining them.