Employment Tribunals Act 1996 s.4(1)(b)

Normally a tribunal must consist of three members, the chairman and two lay members, often known as "wing members" (see Employment tribunals/constitution and history of ). The wing members are selected from two separate panels, one consisting of people who are likely to have been approved by an employer's organisation (such as the CBI) and the other consisting of members who are likely to have been approved by an employee organisation (such as the TUC).

The chairman plus one lay member can consitute a valid tribunal if but only if all parties consent (ETA 1996 s.4(1)(b) and see Comber v Harmony Inns Ltd EAT 1993 ICR 15, EAT).

For notes on the basic general position see Procedure of Employment Tribunals/chairman of Tribunal (powers of)