Employment Tribunals Act 1996
What this means for your business
- Applies to
- United Kingdom
- On this page
- 5 compliance obligations, 2 practical guides
What you must do
5 compliance obligations under this legislation.
Offences and prohibitions 5
Publish identifying details breaching a restricted reporting order
Unlimited fineIf a court issues a restricted reporting order to keep the identity of people involved in a sexual misconduct case confidential, it is a criminal offence to publish any identifying information in a newspaper, magazine, website, broadcast or any other programme. Anyone who owns, edits, publishes or otherwise releases such material – including the company that provides the service – can be prosecuted and face an unlimited fine on summary conviction.
Publish identifying details in breach of a restricted reporting order
Unlimited fineIf your business (as a newspaper, website, publisher, broadcaster or any other body that makes information public) releases any detail that could identify a person involved in a sexual misconduct case while a restricted reporting order is in force, you commit a criminal offence. A conviction in the magistrates' court would result in an unlimited fine (level 5 on the standard scale).
Publish identifying details in breach of a restricted reporting order
Unlimited fineIf you publish, broadcast or otherwise disseminate any information that could identify a person involved in a disability discrimination complaint, when a tribunal has issued a restricted reporting order, you commit a criminal offence. The offence applies to newspaper owners, editors, publishers, broadcasters and anyone who puts the material out. On conviction you face a fine (up to the unlimited level on the standard scale) and the matter is dealt with in the magistrates’ court.
Publish identifying details in breach of a restricted reporting order
Unlimited fineIf you publish, print or broadcast any information that could identify a complainant in a disability discrimination case while a restricted reporting order is in place, you commit a criminal offence. The rule covers newspapers, magazines, online sites and TV/radio programmes. On conviction you face a fine of up to an unlimited amount (level 5 on the standard scale) and the case is dealt with in the magistrates’ court.
Publish prohibited witness details or secret tribunal reasons
Unlimited fineIf a tribunal tells you that a witness’s identity or part of the reasons for its decision must be kept secret for national security, you must not publish that information – whether in print, online or on broadcast. A business that discloses such details can be prosecuted. On conviction in the magistrates' court you face an unlimited fine.
Penalties for non-compliance
5 penalties under this legislation. 5 carry an unlimited fine.
Publish identifying details breaching a restricted reporting order
Unlimited fine
Publish identifying details in breach of a restricted reporting order
Unlimited fine
Publish identifying details in breach of a restricted reporting order
Unlimited fine
Publish identifying details in breach of a restricted reporting order
Unlimited fine
Publish prohibited witness details or secret tribunal reasons
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Understanding unfair dismissal
What constitutes unfair dismissal, who can claim, and what compensation is available. Covers qualifying periods, automatically unfair reasons, time limits, …
Respond to an employment tribunal claim
What to do when a current or former employee brings an employment tribunal claim against your business. Covers Acas early …
Sections and provisions
92 classified provisions from this legislation.
Duties 10
- s.2 Enactments conferring jurisdiction on employment tribunals.
- s.5C Oaths
- s.8 Procedure in contract cases.
- s.18C Conciliation after institution of proceedings
- s.19 Conciliation procedure. notice relating
- s.22 Membership of Appeal Tribunal. judge
- s.24B Oaths
- s.27 Remuneration, pensions and allowances. person appointed
- s.30 Appeal Tribunal procedure rules. appeal or application
- s.36 Enforcement of decisions etc. person
Offences and penalties 11
- s.10B Restriction of publicity in cases involving national security.
- s.11 Restriction of publicity in cases involving sexual misconduct.
- s.12 Restriction of publicity in disability cases.
- s.31 Restriction of publicity in cases involving sexual misconduct.
- s.32 Restriction of publicity in disability cases.
- s.37H Interest and recovery
- s.37D Unpaid amount of relevant sum: further provision
- s.37L Effect of replacement penalty notice
- s.37K Replacement penalty notice
- s.37E Warning notice
- s.37F Penalty notice
Powers 22
- s.1 Employment tribunals
- s.4 Composition of tribunals.
- s.5 Remuneration, fees and allowances.
- s.7B Mediation
- s.13A Payments in respect of preparation time
- s.13 Costs and expenses.
- s.14 Interest.
- s.16 Power to provide for recoupment of benefits.
- s.18A Requirement to contact ACAS before instituting proceedings
- s.18 Conciliation : relevant proceedings etc..
- s.23 Temporary membership.
- s.24 Temporary additional judicial membership.
- s.28 Composition of Appeal Tribunal.
- s.33 Restriction of vexatious proceedings.
- s.34 Costs and expenses
- s.35 Powers of Appeal Tribunal.
- s.37N Power to amend Part 2A
- s.37M Enforcement officers
- s.37ZA Appeals to Supreme Court: grant of certificate by Appeal Tribunal
- s.37O Modification in particular cases
- ... and 2 more powers
Definitions 13
- s.3A Meaning of “Employment Judge”
- s.7A Practice directions
- s.18B Conciliation before institution of proceedings: other ACAS duties settlement
- s.37C Settlement sum: unpaid amount
- s.37QA Procedure Rules
- s.37P Giving of notices
- s.37Q Financial penalties for non-payment: interpretation enforcement officer costs sum financial award
- s.37QB Power to amend legislation in connection with Procedure Rules enactment
- s.37A Sums to which financial penalty can relate Settlement sum Relevant sum
- s.37B Financial award: unpaid amount
- s.39 Parliamentary staff. relevant member of the House of Lords staff
- s.42 Interpretation. ACAS the Appeal Tribunal conciliation officer
- Procedure Rules Procedure Rules the tribunal system judicial office holder the tribunal
Exemptions 9
- s.3 Power to confer further jurisdiction on employment tribunals.
- s.5B Members of employment tribunals: removal from office
- s.6 Conduct of hearings.
- s.9 Preliminary hearings.
- s.12A Financial penalties
- s.29A Practice directions
- s.37ZC Appeals to Supreme Court: exclusions
- s.40 Power to amend Act.
- s.41 Orders, regulations and rules.