The new Senior President of Tribunals (SPT) Practice Direction on employment tribunals, which takes effect on 29 October 2024, introduces significant changes to the composition of panels in employment tribunals and the Employment Appeal Tribunal (EAT). This Practice Direction allows the SPT to determine the number of members who will decide a matter, including whether a matter will be decided by a single member or a panel consisting of multiple members. When a single member presides, that member must be an Employment Judge for employment tribunals or a judge of the EAT. If the panel consists of two or more members, at least one must be a judge, while the other members can be either judges or non-judicial members, as decided by the SPT.
The Practice Direction also grants the SPT the authority to specify any qualifications required for non-judicial members of the employment tribunals and the EAT. Additionally, the SPT can select a presiding member to chair the tribunals, who will have a casting vote in the event of a tie. This change aims to streamline the decision-making process and ensure that the panels are composed of appropriately qualified individuals.
Furthermore, the Practice Direction aligns with the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024, which also came into force on 6 April 2024. These regulations amend the existing rules to allow the tribunal to direct that the 28-day time limit for filing a response restarts from the date the tribunal sends a copy of the claim form to the respondent at an alternative address. They also specify that responses must comply with any requirements set by practice direction and introduce a new rule deeming compliance with document submission requirements if done through the tribunal’s digital case management system.
The authority for the SPT to issue such practice directions is rooted in the Employment Tribunals Act 1996, which allows the SPT to make, vary, or revoke directions about the practice and procedure of employment tribunals, subject to the approval of the Lord Chancellor. This includes the power to make different provisions for different cases, areas, or types of proceedings.
In summary, the new SPT Practice Direction on employment tribunals introduces a more flexible and streamlined approach to panel composition, ensuring that cases are handled by appropriately qualified members and allowing for efficient decision-making processes. These changes are part of broader amendments to the employment tribunal rules aimed at improving the administration of justice in employment disputes.
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.
Molly Ross
This information was correct as of September 2024
