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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    Until 23rd April 2007 the basic rule was that anyone could represent anyone at an Employment Tribunal hearing (Employment Tribunals Act 1996 s.6).

    Since then the position has been changed by the Compensation Act 2006. This provides for a "Regulator" to "to authorise persons to provide regulated claims management services [and] to regulate the conduct of authorised persons". This Regulator has power to restrict representation at employment tribunals to approved persons (see notes at Acts of Parliament etc/Compensation Act 2006 ).

    Consumers and legal professionals can check if a company is authorised by using the MoJ search facility for authorised persons provided on the web or by calling the general enquiry number on 0845 450 6858.

    Separately, under rules introduced on 1st October 2004 it was already possible in some circumstances for an employment tribunal to order that a party's representative shall pay or contribute to costs (see notes at Procedure of Employment Tribunals/2004 rules/rule 48 - personal liability of representatives for costs ).


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    updated June2010
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