The Employment Tribunal Rules of Procedure 2013 are a significant landmark in the history of the employment tribunals. They are the first to be largely drafted by the tribunal's senior judiciary under the leadership of Sir Nicholas (now Lord Justice) Underhill in his then capacity as President of the Employment Appeal Tribunal.
Blackstone's Guide to the Employment Tribunals Rules 2013 provides a thorough comparative analysis of the new Rules and the 2004 Rules together with a detailed commentary on the changes introduced and their relationship with the Civil Procedure Rules. There are new areas of uncertainty for which the commentary offers suggestions as to interpretation and likely effect, as well as identifying and discussing some consequences of the changes of language and approach. The expert author,
having previously sat as a Regional Employment Judge, considers the status of established case law in the light of the new rules and, where appropriate, offers a more in-depth examination of the substantive law.
The Fees Order is analysed and its interaction with the Rules is discussed. The Fees Order was subject to judicial review proceedings in both England & Wales and Scotland and the author gives it a critical examination.
This new Blackstone's Guide combines the full text of the Rules of Procedure with an expert narrative. It brings readers up-to-date with this complex piece of drafting. Its clear and practical layout make it the ideal reference source for anyone working in the area. It is written in an accessible and approachable way, adopting a Plain English approach to also assist those representing themselves in the Employment Tribunal.
The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and the effects of the legislation. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
John Macmillan was admitted as a solicitor in 1970 and became a fee paid industrial tribunal chairman in April 1981. He served and Regional Employment Judge for the East Midlands Region from 1997-2012 and still sits as an Employment Judge. He had national responsibility for the part-time worker pension cases (the Preston cases), and heard all of the test cases, and currently has national responsibility for the O'Brien cases (pension and related claims by fee paid judges).
1. Introduction ; 2. The Regulations ; THE RULES ; 3. Introductory and General - Rules 1 - 7 ; 4. Starting a Claim- Rules 8 -14 ; 5. Responding to the Claim - Rules 15 - 25 ; 6. Initial Consideration of Claim Form and Response - Rules 26 - 28 ; 7. Case Management Orders and Other Powers - Rules 29 - 40 ; 8. Hearings - Rules 41 - 50 and 53 - 59 ; 9. Withdrawals - Rules 51 and 52 ; 10. Descisions, Reasons, and Reconsideration of Judgments - Rules 60 - 73 ; 11. Costs, Preparation Time, and Wasted Costs Orders - Rules 74 - 84 ; 12. Delivery of Documents and Miscellaneous - Rules 85 - 93 and 95 - 106 ; 13. National Security Proceedings - Rule 94 and Schedule 2 ; 14. Fees ; Appendix 1 The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 ; Appendix 2 The Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 ; Appendix 3 Presidential Practice Directions - Presentation of Claims