The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024

Section 35 of the Judicial Review and Courts Act 2022 (c. 35) (the 2022 Act) substituted sections 4 and 28 of the Employment Tribunals Act 1996 (c. 17) (the 1996 Act) so as to make the Lord Chancellor responsible for the composition of an employment tribunal and of the Employment Appeal Tribunal (EAT). Section 35 of the 2022 Act was commenced via commencement regulations (the Judicial Review and Courts Act 2022 (Commencement No. 4) Regulations 2023 S.I. 2023 No. 1194) made before this instrument was laid and coming into force the day after they were made. Previously the composition was determined by the President or Vice President of Employment Tribunals or a Regional Employment Judge in accordance with regulations made by the Secretary of State for Business and Trade under section 1(1) of the 1996 Act in the case of the employment tribunal, and by a judge of the EAT under section 28 of the 1996 Act in the case of the EAT. Sections 4(7) and 28(6) of the 1996 Act as substituted by the 2022 Act allow the power to determine the composition of the employment tribunal and the EAT to be delegated by the Lord Chancellor to the Senior President of Tribunals (SPT) or the President of Employment Tribunals (in the case of the employment tribunals); or to the SPT or the President of the Appeal Tribunal in the case of the EAT.