The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993

UK Statutory Instrument 1993 No. 2687 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 17 November 1993
In force from: 16 December 1993
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: Health and Safety at Work etc. Act 1974, Schedule 9 to the Employment Protection (Consolidation) Act 1978

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which come into force on 16th December 1993, replace the regulations which establish industrial tribunals. The Regulations contain, in Schedules 1 to 5, new rules of procedure for proceedings before industrial tribunals which replace the existing rules of procedure. The Regulations apply to proceedings in England and Wales. The rules in the Schedules apply to the following proceedings– Schedule 1 — all proceedings other than those to which Schedules 3, 4 and 5 apply or to which separate rules of procedure made under any enactment apply, Schedule 2 — proceedings involving a claim for equal pay for work of equal value under the Equal Pay Act 1970 (the rules in Schedule 2 are complementary to those in Schedule 1 which also applies to these proceedings); Schedule 3 — appeals against assessments to industrial training levy under levy orders made under the Industrial Training Act 1982; Schedule 4 — appeals against improvement notices and prohibition notices served under the Health and Safety at Work etc. Act 1974; Schedule 5 — appeals against non–discrimination notices served under the Sex Discrimination Act 1975 or the Race Relations Act 1976. The Regulations and rules incorporate provisions which implement or take account of the following recent provisions of primary legislation– a sections 128(2A), (2B), (2C), (2D), (2E) and (2F) of the Employment Protection (Consolidation) Act 1978 (“the 1978 Act”), inserted by sections 36(1) and (2) of the Trade Union Reform and Employment Rights Act 1993 (“the 1993 Act”), which specify when a tribunal is to consist of three persons and when it is to consist of only a chairman; b section 128(6) of the 1978 Act, inserted by sections 36(1) and (3) of the 1993 Act, which enables a Minister of the Crown, on grounds of national security, to direct tribunal proceedings to be heard and determined by the President of Industrial Tribunals (England and Wales); c paragraph 1(4A) of Schedule 9 to the 1978 Act (“Schedule 9”), inserted by paragraph 6(a) of Schedule 7 to the 1993 Act, which enables a Minister of the Crown, on grounds of national security, to direct a tribunal to sit in private; d paragraph 1(5A) of Schedule 9, inserted by section 40 of the 1993 Act (restriction of publicity in cases involving sexual misconduct); e paragraph 1A of Schedule 9, inserted by section 20 of the Employment Act 1989 (c. 38), which enables regulations to provide for tribunals to carry out pre–hearing reviews and, on such a review, to require a party to pay a deposit not exceeding £150 as a condition of the party continuing to participate in the proceedings; and f paragraph 1B of Schedule 9, inserted by paragraph 28(c) of Schedule 8 to the 1993 Act, which enables regulations to provide for tribunals to hear and determine issues relating to the entitlement of parties to contest the proceedings before hearing and determining the proceedings as a whole. In addition, the rules have been modernised and amended to introduce a number of improvements to the procedures contained in the superseded rules. The Regulations and rules will apply to all proceedings before industrial tribunals as from 16th December 1993, whenever the proceedings were commenced. The Regulations contain transitional provisions.

Offences created by this instrument

Power to require further particulars and attendance of witnesses and to grant discovery paragraph 4(6) of SCHEDULE 1 · Status not determined · Strict liability
Power to require further particulars and attendance of witnesses and to grant discovery paragraph 4(6) of SCHEDULE 2 · Status not determined · Strict liability
Power to require attendance of witnesses and production of documents, etc paragraph 5(5) of SCHEDULE 4 · Status not determined · Strict liability
Attendance of witnesses and discovery paragraph 7(4) of SCHEDULE 3 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Employment Rights (Dispute Resolution) Bill Hl Lords · Lords Chamber · 25 July 1997 · Lord Phillimore
My Lords, as a practising barrister I welcome this opportunity to make a few comments on the Bill. I therefore also declare an interest. I welcome the proposed change of name from industrial tribunals to employment tribunals, since that is clearly more consonant with the work done by them. Clause 2 appears to propose a substantive change, providing for the determination of disputes without an oral hearing. I have reservations as to whether in practice that will streamline cases. Furthermore, I do not consider it an appropriate form of hearing in cases where facts are often in dispute and the…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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