Employment Cases Update

Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2016

Date published: 07/03/2016

New rules regarding restrictions on postponements in Employment Tribunals and possible costs consequences for late notice

Read the SI: 2016 No. 271

These Regulations amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 to introduce rules in relation to the postponement of Employment Tribunal hearings and the use of costs orders where hearings are postponed following applications made at late notice.

Regulation 2(2) provides that the general power to manage proceedings is subject to the operation of the new rule on postponements to be contained in rule 30A.

Regulation 2(3) inserts a new rule 30A on postponements. It sets out that an application for postponement should be made as soon as possible after the need for the postponement becomes known. Any postponement application which has been made late or following two previous applications shall only be granted in the circumstances listed.

Regulation 2(4) amends rule 76 in relation to the making of costs orders. The effect of this amendment is that a Tribunal must consider whether to make a costs order where it has granted a postponement following a late application by one of the parties.

Made: 1st March 2016
Laid before Parliament: 4th March 2016
Coming into force: 6th April 2016