By Neil Guss Regional Employment Rights Manager
& Jazmeer Jackson Employment Rights Lawyer
From 6 January 2025, the Employment Tribunal Procedure Rules 2024 (SI 2024/1155) came into effect. This replaces the rules already outlined in Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013. While the updates largely restate the previous rules, several important amendments have been introduced. Below, we highlight key changes relevant to trade union representatives and their members.
Key Changes:
- “Shall” Becomes “Must”
The wording throughout the rules has shifted from "shall" to "must," placing a clearer, more stringent obligation on tribunals and parties to comply with the rules. This is particularly significant in the new Rule 3 on the overriding objective, underscoring a heightened duty of engagement.
- Deadlines Adjusted for Non-Working Days (Rule 5)
Where a deadline falls on a non-working day, acts can now be completed up until midnight on the next working day. This reflects the evolving nature of modern working practices, where flexibility has become standard and people tend to be working on hours that suit them rather than the normal 9.5.
- Increased Tribunal Staff Powers (Rule 7)
Under the updated rules, tribunal staff appointed under s40(1) of the Tribunals, Courts and Enforcement Act 2007 orSection2(1) of the Courts Act 2003 will have expanded powers to carry out certain judicial functions. This may affect how some procedural matters are handled.
- Clarification of Defect Rectification Dates (Rules 14(4) and 20)
The new rules clarify that the date an application to rectify a defect is received (not presented) is considered the rectification date.
- Transition to MyHMCTS Portal (Rule 16)
The MyHMCTS portal, introduced in 2024, replaces email-based filing for professional representatives and other users. Rule 16 removes the requirement to send a blank response form with the notice of claim, streamlining the process.
- Judgment Approval (Rule 59)
The requirement for Judgments to be signed by the Judge is no longer required and all that is required is that it be approved by them. This reduces administrative burdens and aligning with the tribunal's increasing digitisation.
- National Security Cases (Rule 90)
In cases involving national security, correspondence with the tribunal no longer requires copying other parties, safeguarding sensitive information.
These updates result from the Tribunal Procedure Committee's consultations in 2024, reflecting user feedback on modernising and simplifying tribunal processes.
For a detailed side-by-side analysis of the changes, click here.
If you have any questions or concerns about how these changes might affect your members, please don’t hesitate to contact our team. We’re here to help you navigate the new rules and ensure you and your members are fully supported.
