Practice and Procedure in the Tribunal

Abstract

Abstract Practice and procedure in the modern employment tribunal is increasingly complex. The rules governing procedure in disability discrimination cases are contained in Schedule 1 of the Procedure Regulations.This chapter provides an introduction to some of the more frequently encountered rules of procedure and to some of the important issues that arise in practice in disability cases. It deals with such topics as the statutory dispute resolution procedures, time limits, expert evidence and the burden of proof. A short introduction to procedure in the Employment Appeal Tribunal is also included. Tribunals have an overriding objective to deal with cases justly. This requirement was introduced into tribunal procedure for the first time in July 2001 following the introduction of the Civil Procedure Rules 1998. The overriding objective must be taken into account when interpreting the rules of procedure discussed in this chapter and when the tribunal exercises any power under those rules.