The normal rules of procedure for employment tribunals effective from 1st October 2004 are in Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861, Schedule 1 (go to Procedure of Employment Tribunals/2004 rules/index to the 2004 normal rules ).
Special rules of procedure for use in specific cases are set out in schedules 2 to 6 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (see reg 16 of SI 2004/1861 as amended by the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004 SI 2004/2351). These special rules are for use in cases involving:-
In practice, the Employment Tribunals (Equal Value) Rules of Procedure in sch 6 are likely to be of most interest to users of this program. They replace the previous "complementary rules of procedure", give tribunals new case management powers in relation to equal value claims and aim to simplify and speed up such claims. An annexe includes two indicative timetables for equal value claims to which tribunals must have regard. One is for use in cases not involving an independent expert (guideline total 25 weeks) and the other where an independent expert has provided a report (guideline total 37 weeks). Together with the Equal Pay Act 1970 (Amendment) Regulations 2004, SI 2004/2352 the result is that with effect from 1st October 2004 substantial changes have been made to the Equal Pay Act 1970 s.2A in regard to work of equal value claims, both to the Act itself and to related tribunal procedures,
For notes on the complementary rules of procedure in operation until end September 2004 go to Procedure of Employment Tribunals/complementary rules of procedure/pre-2004 complementary rules of procedure and for general relevant notes on the position in Equal Pay cases see Sex discrimination/equal pay and terms of employment/2003 and 2004 amendments .
There are no longer separate rules of procedure for employment tribunals in Scotland. The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 and the new rules in the schedules apply in England, Wales and Scotland.
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prepared Sept2004
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