Employment tribunal procedure rules

Rules on how cases are handled in employment tribunals, from starting a claim to what happens at a hearing.

Applies to England, Scotland and Wales



The document contains detailed legal rules on:

  • starting a claim
  • responding to a claim
  • contract claims
  • case management orders
  • hearings
  • withdrawing cases
  • the tribunal’s decision
  • costs orders
  • delivering documents

It has been updated to include recent changes to the law, to help users.

You can find the rules in the original statutory instruments on the Legislation website.


Employment tribunal rules define the employment tribunal fee as:

…any fee which is payable by a party under any enactment in respect of a claim, employer’s contract claim, application or judicial mediation in an Employment Tribunal.

Rules 11 and 40 make reference to the rejection of a claim where a fee or remission application has not been submitted. Following the Supreme Court judgment in Unison v Lord Chancellor, Rules 11 and 40 are no longer in force.

Published 22 May 2015
Last updated 2 November 2022 + show all updates
  1. Reinstated Rules of procedure document

  2. Updated file

  3. We have updated paragraph 54 (fixing of a preliminary hearing) to clarify that the safeguard around reasonable notice remains. It also clarifies that the Tribunal may direct a preliminary hearing as the result of an application by a party.

  4. Added updated rules as of 8 October 2020.

  5. First published.