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Points of procedure

This report relates to 15 case(s)

A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

This feature looks at noteworthy decisions on employment tribunal and EAT practice and procedure. We look at time limits; when a case may be remitted for re-hearing; how the right to a fair hearing can be prejudiced by bias or delays; whether a bankrupt person can bring a discrimination claim; and costs. Although all these cases were decided under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (SI 2001/1171) ("the 2001 ET Rules") we have noted where appropriate, the areas where the new Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861) ("the 2004 ET Rules") and the new Employment Appeal Tribunal (Amendment) Rules 2004 (SI 2004/ 2526) ("the 2004 EAT Rules) may alter the decisions. The 2004 ET Rules and EAT (Amendment) Rules came into force on 1 October 2004. Under the transitional provisions in Reg. 20 the 2004 ET Rules will apply to all proceedings commenced on or after 1 October 2004, but some of the old 2001 ET Rules will continue to apply to proceedings issued and served before 1 October 2004. In particular, the old rule 14 on costs will continue to apply. The 2004 EAT (Amendment) Rules also contain transitional provisions in Rule 26.