Friday 19 July 2013

NEW PROCEDURES FOR BRINGING EMPLOYMENT TRIBUNAL PROCEEDINGS

Under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Rule 8-(1) sets out the rules for starting a claim as follows:

Presenting the claim

8.—(1) A claim shall be started by presenting a completed claim form (using a prescribed form) in accordance with any practice direction made under regulation 11 which supplements this rule.
(2) A claim may be presented in England and Wales if—
(a)the respondent, or one of the respondents, resides or carries on business in England and Wales;
(b)one or more of the acts or omissions complained of took place in England and Wales;
(c)the claim relates to a contract under which the work is or has been performed partly in England and Wales; or
(d)the Tribunal has jurisdiction to determine the claim by virtue of a connection with Great Britain and the connection in question is at least partly a connection with England and Wales.
(3) A claim may be presented in Scotland if—
(a)the respondent, or one of the respondents, resides or carries on business in Scotland;
(b)one or more of the acts or omissions complained of took place in Scotland;
(c)the claim relates to a contract under which the work is or has been performed partly in Scotland; or
(d)the Tribunal has jurisdiction to determine the claim by virtue of a connection with Great Britain and the connection in question is at least partly a connection with Scotland.

Multiple claimants


9.  Two or more claimants may make their claims on the same claim form if their claims are based on the same set of facts. Where two or more claimants wrongly include claims on the same claim form, this shall be treated as an irregularity falling under rule 6


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