| Guvnor

Enforced by: HMCTS
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 6 of 18 obligations carry an unlimited fine. 2 carry different penalties and 10 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Employer3

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Employment Tribunals

9 of 34 sections shown

s.002 Enactments conferring jurisdiction on employment tribunals. Regulated

Other duties (1) — Crown / regulator

Employment tribunals must handle cases authorised by lawTribunal / Court

s.005 Oaths Regulated

Other duties (1) — Crown / regulator

Presidents and tribunal members must take judicial oathsTribunal / Court

s.008 Procedure in contract cases. Regulated

Other duties (1) — Crown / regulator

Tribunal must order payment of sums found due in contract claimsTribunal / Court

s.010 Restriction of publicity in cases involving national security. Prosecution

Publish prohibited witness details or secret tribunal reasonsAny Person

Unlimited fine

s.011 Restriction of publicity in cases involving sexual misconduct. Prosecution

Publish identifying details in breach of a restricted reporting orderAny Person

Unlimited fine

s.012 Restriction of publicity in disability cases. Prosecution

Publish identifying details in breach of a restricted reporting orderAny Person

Unlimited fine

s.012 Financial penalties Prosecution

Breach employment rights with aggravating featuresEmployer

Fine up to £20,000

s.018 Conciliation after institution of proceedings Regulated

Other duties (1) — Crown / regulator

ACAS conciliation officers must attempt to settle tribunal claimsStatutory regulator

s.019 Conciliation procedure. Regulated

Other duties (1) — Crown / regulator

Tribunal must notify parties of conciliation servicesTribunal / Court

25 other sections in this Part — procedural and definitional

s.001 Employment tribunals

s.003 Power to confer further jurisdiction on employment tribunals.

s.003 Meaning of “Employment Judge”

s.004 Composition of tribunals.

s.005 Remuneration, fees and allowances.

s.005 Training etc.

s.005 Members of employment tribunals: removal from office

s.005 Judicial assistance

s.006 Conduct of hearings.

s.007 Practice and procedure: general

s.007 Practice directions

s.007 Mediation

s.009 Preliminary hearings.

s.010 National security.

s.010 Confidential information.

s.013 Costs and expenses.

s.013 Payments in respect of preparation time

s.014 Interest.

s.015 Enforcement.

s.016 Power to provide for recoupment of benefits.

s.017 Recoupment: further provisions.

s.018 Conciliation : relevant proceedings etc..

s.018 Requirement to contact ACAS before instituting proceedings

s.018 Conciliation before institution of proceedings: other ACAS duties

s.019 Conciliation: recovery of sums payable under settlements

Part 2

Financial penalties for failure to pay sums ordered to be paid or settlement sums

2 of 17 sections shown

s.037 Warning notice Regulated

Failure to pay employment tribunal award or settlement sumEmployer

s.037 Penalty notice Prosecution

Failure to pay employment tribunal award or settlementEmployer

Unlimited fine

15 other sections in this Part — procedural and definitional

s.037 Sums to which financial penalty can relate

s.037 Financial award: unpaid amount

s.037 Settlement sum: unpaid amount

s.037 Unpaid amount of relevant sum: further provision

s.037 Appeal against penalty notice

s.037 Interest and recovery

s.037 Withdrawal of warning notice

s.037 Withdrawal of penalty notice

s.037 Replacement penalty notice

s.037 Effect of replacement penalty notice

s.037 Enforcement officers

s.037 Power to amend Part 2A

s.037 Modification in particular cases

s.037 Giving of notices

s.037 Financial penalties for non-payment: interpretation

Part 2

The Employment Appeal Tribunal

7 of 24 sections shown

s.022 Membership of Appeal Tribunal. Regulated

Other duties (1) — Crown / regulator

Crown and Judiciary must ensure Employment Appeal Tribunal is properly staffedCrown / Minister / Government department

s.024 Oaths Regulated

Other duties (1) — Crown / regulator

Specified tribunal members must take oaths of officeTribunal / Court

s.027 Remuneration, pensions and allowances. Regulated

Other duties (1) — Crown / regulator

Lord Chancellor must pay remuneration and pensions to tribunal membersCrown / Minister / Government department

s.030 Appeal Tribunal procedure rules. Regulated

Other duties (1) — Crown / regulator

Lord Chancellor must establish procedural rules for the Employment Appeal TribunalCrown / Minister / Government department

s.031 Restriction of publicity in cases involving sexual misconduct. Prosecution

Publish identifying details breaching a restricted reporting orderAny Person

Unlimited fine

s.032 Restriction of publicity in disability cases. Prosecution

Publish identifying details in breach of a restricted reporting orderAny Person

Unlimited fine

s.036 Enforcement of decisions etc. Regulated

Other duties (1) — Crown / regulator

Judicial consent required for Tribunal contempt or fine remissionTribunal / Court

17 other sections in this Part — procedural and definitional

s.020 The Appeal Tribunal.

s.021 Jurisdiction of Appeal Tribunal.

s.023 Temporary membership.

s.024 Temporary additional judicial membership.

s.024 Training etc. of members of Appeal Tribunal

s.025 Tenure of appointed members.

s.026 Staff.

s.028 Composition of Appeal Tribunal.

s.029 Conduct of hearings.

s.029 Practice directions

s.033 Restriction of vexatious proceedings.

s.034 Costs and expenses

s.035 Powers of Appeal Tribunal.

s.037 Appeals from Appeal Tribunal.

s.037 Appeals to Supreme Court: grant of certificate by Appeal Tribunal

s.037 Appeals to Supreme Court: permission to appeal

s.037 Appeals to Supreme Court: exclusions

Part 3

General and Supplementary

0 of 13 sections shown

13 other sections in this Part — procedural and definitional

s.037 Procedure Rules

s.037 Power to amend legislation in connection with Procedure Rules

s.038 Crown employment.

s.039 Parliamentary staff.

s.040 Power to amend Act.

s.041 Orders, regulations and rules.

s.042 Interpretation.

s.043 Consequential amendments.

s.044 Transitionals, savings and transitory provisions.

s.045 Repeals and revocations.

s.046 Commencement.

s.047 Extent.

s.048 Short title.

Schedules

0 of 48 shown

48 other schedules

s.sch001 Consequential amendments

s.sch001 Section 135(4)(b) of the Transport Act 1968 shall continue to...

s.sch001 (1) The Judicial Pensions and Retirement Act 1993 is amended...

s.sch001 In section 181(1) of the Pension Schemes Act 1993, in...

s.sch001 (1) The Disability Discrimination Act 1995 is amended as follows....

s.sch001 Section 2 of the Transport Holding Company Act 1972 shall...

s.sch001 In section 75(5)(c) of the Sex Discrimination Act 1975, for...

s.sch001 (1) The Race Relations Act 1976 is amended as follows....

s.sch001 In the Aircraft and Shipbuilding Industries Act 1977—

s.sch001 In section 12(1) of the Judicial Pensions Act 1981, for...

s.sch001 In section 58(4) of the Social Security Administration Act 1992,...

s.sch001 In section 288 of the Trade Union and Labour Relations...

s.sch001 (1) The Tribunals and Inquiries Act 1992 is amended as...

s.sch002 Transitional provisions, savings and transitory provisions

s.sch002 The substitution of this Act for the provisions repealed or...

s.sch002 (1) If Part XI of the Reserve Forces Act 1996...

s.sch002 Anything done, or having effect as done, (including the making...

s.sch002 Any reference (express or implied) in this Act or any...

s.sch002 (1) Any reference (express or implied) in any enactment, or...

s.sch002 Paragraphs 1 to 4 have effect in place of section...

s.sch002 The repeal by this Act of section 130 of, and...

s.sch002 (1) If paragraph 2 of Schedule 2 to the Jobseekers...

s.sch002 (1) If section 31 of the Trade Union Reform and...

s.sch003 Repeals and revocations

s.sch003 Schedule 3 para.1

s.sch003 The following abbreviations are used in the Table— EP(C)A =...

s.schedule a1 para.1 (1) The Tribunal Procedure Committee must exercise its power to...

s.schedule a1 para.10 Intervention by Secretary of State

s.schedule a1 para.11 Evidence, witnesses and attendance

s.schedule a1 para.12 Use of information

s.schedule a1 para.13 Set-off

s.schedule a1 para.14 Reconsideration or review of decisions

s.schedule a1 para.15 Correction of errors and setting aside of decisions on procedural grounds

s.schedule a1 para.16 Registration and proof of decisions

s.schedule a1 para.17 Ancillary powers

s.schedule a1 para.18 Rules may refer to practice directions

s.schedule a1 para.19 Presumptions

s.schedule a1 para.2 Delegation of functions to staff

s.schedule a1 para.20 Differential provision

s.schedule a1 para.21 Procedure for making Procedure Rules

s.schedule a1 para.22 Interpretation

s.schedule a1 para.3 Time limits

s.schedule a1 para.4 Determining where to start proceedings

s.schedule a1 para.5 Repeat applications

s.schedule a1 para.6 Tribunal acting of its own initiative

s.schedule a1 para.7 Hearings

s.schedule a1 para.8 Proceedings without notice

s.schedule a1 para.9 Representation

1 other provision

s.procedure rules Procedure Rules

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Employment Tribunals Act 1996

Does it bind you?

Other Acts binding the same actors

What it requires

Employment Tribunals

Financial penalties for failure to pay sums ordered to be paid or settlement sums

The Employment Appeal Tribunal

General and Supplementary

Schedules

Help complying

Manage your employees

Dismissing an employee under new rules

Resolve a Shared Parental Leave dispute: curtailment, eligibility, refused bookings