Employment Tribunals Act 1996
Act of the Parliament of the United Kingdom
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The Employment Tribunals Act 1996 (c. 17), formerly called the Industrial Tribunals Act 1996,[d] is an act of the Parliament of the United Kingdom, relating to UK labour law, that establishes the Employment Tribunals and Employment Appeal Tribunal, and sets their jurisdiction.
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Long titleAn Act to consolidate enactments relating to employment tribunals and the Employment Appeal Tribunal.
Territorial extent[b]
Royal assent22 May 1996
| Act of Parliament | |||||||||||||
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| Long title | An Act to consolidate enactments relating to employment tribunals and the Employment Appeal Tribunal. | ||||||||||||
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| Citation | 1996 c. 17 | ||||||||||||
| Territorial extent | [b] | ||||||||||||
| Dates | |||||||||||||
| Royal assent | 22 May 1996 | ||||||||||||
| Commencement | 22 August 1996[c] | ||||||||||||
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Status: Amended | |||||||||||||
| Text of statute as originally enacted | |||||||||||||
| Revised text of statute as amended | |||||||||||||
| Text of the Employment Tribunals Act 1996 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |||||||||||||
Provisions
Part I concerns Employment Tribunals. Section 1 allows the Secretary of State to make provisions for Employment Tribunals. Sections 2 to 3 concern the Tribunal's jurisdiction. Sections 2 to 3 concern Membership of the tribunals, pay and training. Sections 6 to 15 elaborate on procedure through hearings, practice directions, mediation, pre-hearing reviews, confidential information, publicity and costs and enforcement. Sections 16 and 17 concern recoupment of social security benefits. Sections 18 to 19A deal with conciliation procedures.
Part II concerns the Employment Appeal Tribunal. Sections 20 to 37 concern the EAT's jurisdiction, membership, procedure, decisions and further appeals.
Part III contains supplementary provisions, in sections 38 to 42, while final provisions are in sections 43 to 48.
Repealed enactments
Section 242 of the act repealed 60 enactments and revoked 7 instruments, listed in parts I and II of schedule 3 to the act, respectively.[1]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1963 c. 2 | Betting, Gaming and Lotteries Act 1963 | Section 31A. In Schedule 5A, paragraphs 1 to 20 and 22. |
| 1969 c. 48 | Post Office Act 1969 | In Schedule 9, paragraph 33. |
| 1971 c. 11 | Atomic Energy Authority Act 1971 | Section 10(1). |
| 1976 c. 74 | Race Relations Act 1976 | In Schedule 2, in paragraph 11, in sub-paragraph (1), the words "and the following" and sub-paragraphs (2), (3) and (5) and paragraphs 12 and 13. |
| 1978 c. 44 | Employment Protection (Consolidation) Act 1978 | Sections 1 to 6. Sections 8 to 22C. Sections 29 to 47. Sections 49 to 57A. Sections 59 to 61. Sections 63 to 93. Section 96. Sections 98 to 102. Sections 106 to 108. Sections 110 to 112. Sections 114 to 120. Section 122. Sections 124 to 127. Section 129. Section 137. Section 138(1) to (6), (7)(a) to (d) and (f) and (8). Section 139(1)(a) to (c) and (e) and (2) to (9). Section 139A(1), (2), (3)(b) and (4) to (6). Sections 140 to 142. Section 144. Section 146. Section 146A. Sections 148 to 160. Schedules 1 to 4. Schedule 7. Schedule 8. Schedules 12 to 17. |
| 1980 c. 20 | Education Act 1980 | In Schedule 1, paragraph 30. |
| 1980 c. 42 | Employment Act 1980 | Section 6. Section 8(2). Section 9. Sections 12 to 14. Section 20. Section 21. In Schedule 1, paragraphs 1, 8, 11, 13, 20, 22, 23, 25, 31 and 33. Schedule 2. |
| 1980 c. 43 | Magistrates' Courts Act 1980 | In Schedule 7, paragraph 175. |
| 1980 c. 48 | Finance Act 1980 | In Schedule 19, paragraph 5(4). |
| 1981 c. 64 | New Towns Act 1981 | Section 54(6). |
| 1982 c. 16 | Civil Aviation Act 1982 | In Schedule 3, paragraphs 6 and 8(1). |
| 1982 c. 23 | Oil and Gas (Enterprise) Act 1982 | In Schedule 3, paragraph 40. |
| 1982 c. 24 | Social Security and Housing Benefits Act 1982 | In Schedule 2, paragraph 13. |
| 1982 c. 46 | Employment Act 1982 | Section 20. Section 21(1) and (3). In Schedule 2, paragraphs 1 to 5, 6(2), (4) and (5), 7(1) and (2) and 9. In Schedule 3, in Part I, paragraphs 1, 2, 4 and 6 and, in Part II, paragraphs 15, 21 to 23, 25, 26, 27(1) and 28 to 30. Schedule 4. |
| 1983 c. 23 | Water Act 1983 | In Schedule 2, in Part I, paragraph 8(1)(b). |
| 1983 c. 41 | Health and Social Services and Social Security Adjudications Act 1983 | In Schedule 9, in Part I, paragraph 25. |
| 1984 c. 36 | Mental Health (Scotland) Act 1984 | Section 126(2)(c). |
| 1985 c. 17 | Reserve Forces (Safeguard of Employment) Act 1985 | In Schedule 4, paragraph 6. |
| 1985 c. 51 | Local Government Act 1985 | In section 53, subsection (5) and, in subsection (6), the words "Except as provided in subsection (5) above" and "a redundancy payment under Part VI of the said Act of 1978 or to". Section 55(3) to (5). Section 59(1) to (3). |
| 1985 c. 65 | Insolvency Act 1985 | Section 218. In Schedule 8, paragraph 31(1), (2) and (5). |
| 1985 c. 66 | Bankruptcy (Scotland) Act 1985 | In Schedule 7, in Part I, paragraph 14(1), (2) and (4). |
| 1985 c. 71 | Housing (Consequential Provisions) Act 1985 | In Schedule 4, paragraph 7(2)(a). |
| 1986 c. 45 | Insolvency Act 1986 | In Schedule 14, the entries relating to the Employment Protection (Consolidation) Act 1978. |
| 1986 c. 47 | Legal Aid (Scotland) Act 1986 | In Schedule 1, in paragraph 10(2)(a), the words "Part VI of the Employment Protection (Consolidation) Act 1978 shall not apply to him and". |
| 1986 c. 48 | Wages Act 1986 | Sections 1 to 11. Sections 28 to 33. Schedule 1. In Schedule 4, paragraph 4. Schedule 5. In Schedule 6, paragraph 10. |
| 1986 c. 50 | Social Security Act 1986 | In Schedule 10, in Part IV, paragraphs 76 and 81. |
| 1986 c. 59 | Sex Discrimination Act 1986 | Section 3. |
| 1987 c. 26 | Housing (Scotland) Act 1987 | In Schedule 22, in Part II, paragraph 10(2)(a). |
| 1988 c. 1 | Income and Corporation Taxes Act 1988 | Section 150(b). In section 579, subsection (2)(a), in subsections (2)(b) and (3)(b) and in subsection (4)(b) as it has effect otherwise than for the purposes of corporation tax, the word "net" and, in subsection (5)(b), the words ", and the full amount of the rebate". Section 580(2). |
| 1988 c. 4 | Norfolk and Suffolk Broads Act 1988 | In Schedule 6, paragraph 19. |
| 1988 c. 20 | Dartford-Thurrock Crossing Act 1988 | In Schedule 5, in Part I, paragraph 2(2). |
| 1988 c. 34 | Legal Aid Act 1988 | In Schedule 7, in paragraph 7(3), the words "Part VI of the Employment Protection (Consolidation) Act 1978 shall not apply to him and". |
| 1988 c. 40 | Education Reform Act 1988 | In section 173, subsection (6) and, in subsection (7), the words "Except as provided in subsection (6) above" and "a redundancy payment under Part VI of the Act of 1978 mentioned above or to". Section 175(3) to (5). Section 178(1) and (2). In Schedule 12, in Part I, paragraph 23 and, in Part III, paragraph 80. |
| 1988 c. 43 | Housing (Scotland) Act 1988 | In Schedule 1, in paragraph 12(2), the words "Part VI of the Employment Protection (Consolidation) Act 1978 shall not apply to him and". |
| 1988 c. 50 | Housing Act 1988 | In Schedule 5, in paragraph 10(2), the words "Part VI of the Employment Protection (Consolidation) Act 1978 shall not apply to him and". |
| 1989 c. 13 | Dock Work Act 1989 | Section 6(2). Section 7(4). In Schedule 2, paragraphs 6 and 7. |
| 1989 c. 15 | Water Act 1989 | In section 194(7)(d), the words "and the Employment Protection (Consolidation) Act 1978". In Schedule 25, paragraph 56. |
| 1989 c. 29 | Electricity Act 1989 | Section 56(2). |
| 1989 c. 38 | Employment Act 1989 | Sections 15 to 18. Section 19(1). In section 27(1), the words "and 16 to 19". In section 29(1), the definition of "the 1978 Act". Section 30(3)(f). In Schedule 6, paragraphs 21 to 25. In Schedule 9, paragraphs 3 to 5. |
| 1989 c. 39 | Self-Governing Schools etc. (Scotland) Act 1989 | In Schedule 10, paragraph 7. |
| 1990 c. 19 | National Health Service and Community Care Act 1990 | In Schedule 9, paragraph 20. |
| 1990 c. 35 | Enterprise and New Towns (Scotland) Act 1990 | In Schedule 1, in paragraph 17(2), the words "Part VI of the said Act of 1978 shall not apply to him and". |
| 1990 c. 38 | Employment Act 1990 | Section 13(1), (2) and (4). Section 16. In section 17, subsection (1) and, in subsection (2), the words "Apart from this section,". In Schedule 2, paragraph 1(1) and (3) to (6). Schedule 3. |
| 1990 c. 43 | Environmental Protection Act 1990 | In Schedule 10, in paragraph 16, the words "Part VI of the Employment Protection (Consolidation) Act 1978 shall not apply to him and". |
| 1991 c. 28 | Natural Heritage (Scotland) Act 1991 | In Schedule 4, in paragraph 5, the words "Part VI of the Employment Protection (Consolidation) Act 1978 shall not apply to him and". |
| 1992 c. 6 | Social Security (Consequential Provisions) Act 1992 | In Schedule 2, paragraphs 51 and 74. |
| 1992 c. 13 | Further and Higher Education Act 1992 | In Schedule 8, in Part II, paragraph 89. |
| 1992 c. 37 | Further and Higher Education (Scotland) Act 1992 | In Schedule 9, paragraph 6. |
| 1992 c. 52 | Trade Union and Labour Relations (Consolidation) Act 1992 | In Schedule 2, paragraphs 11 to 14, 16 to 18, 21 to 23, 29(2), 30, 33 and 34(1) and (2). |
| 1993 c. 19 | Trade Union Reform and Employment Rights Act 1993 | Sections 23 to 26. Sections 28 to 31. In section 39, subsection (1) and, in subsection (2), the words ", the Wages Act 1986". Section 54(2)(a) to (e). Schedules 2 to 5. In Schedule 6, paragraph 3. In Schedule 7, paragraphs 2 to 5, 11, 13, 14 and 16. In Schedule 8, paragraphs 10 to 18, 21 to 27, 31, 32, 35 to 37 and 67. In Schedule 9, paragraph 3. |
| 1993 c. 48 | Pension Schemes Act 1993 | Section 164(6). In Schedule 8, paragraphs 11(1) and 45(a). |
| 1994 c. 10 | Race Relations (Remedies) Act 1994 | Section 1(2). |
| 1994 c. 18 | Social Security (Incapacity for Work) Act 1994 | In Schedule 1, in Part II, paragraph 54. |
| 1994 c. 20 | Sunday Trading Act 1994 | In Schedule 4, paragraphs 1 to 20 and 22. |
| 1994 c. 40 | Deregulation and Contracting Out Act 1994 | Section 20(3) and (5). Section 36(1). Schedule 8. |
| 1995 c. 17 | Health Authorities Act 1995 | In Schedule 1, paragraph 103. |
| 1995 c. 25 | Environment Act 1995 | In Schedule 7, in paragraph 11(3), the words from the beginning to "but". |
| 1995 c. 26 | Pensions Act 1995 | Sections 42 to 46. In Schedule 3, paragraphs 1 to 7 and 10. |
| 1995 c. 50 | Disability Discrimination Act 1995 | In Schedule 6, paragraph 3. |
| 1996 c. 14 | Reserve Forces Act 1996 | In Schedule 10, paragraph 17. |
| Citation | Title | Extent of revocation |
|---|---|---|
| SI 1983/624 | Insolvency of Employer (Excluded Classes) Regulations 1983 | The whole instrument. |
| SI 1993/2798 | Sex Discrimination and Equal Pay (Remedies) Regulations 1993 | In the Schedule, in paragraph 1, the entry relating to the Employment Protection (Consolidation) Act 1978 and paragraph 2. |
| SI 1995/31 | Employment Protection (Part-time Employees) Regulations 1995 | The whole instrument. |
| SI 1995/278 | Insolvency of Employer (Excluded Classes) Regulations 1995 | The whole instrument. |
| SI 1995/2587 | Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 | Regulation 12(1), (2) and (4). Regulation 13(1), (2) and (4) to (6). Regulation 14. |
| SI 1996/593 | Environment Act 1995 (Consequential Amendments) Regulations 1996 | In Schedule 1, paragraph 19. |
| SI 1996/973 | Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 1996 | In the Schedule, paragraph 4. |
See also
Notes
- Section 1(2) of the Employment Rights (Dispute Resolution) Act 1998; and by section 48 of the Employment Tribunals Act 1996, as amended by section 1(2)(c) of the Employment Rights (Dispute Resolution) Act 1998.
- Section 47.
- Section 46.
- Section 48