This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to the changes to Employment Tribunal rules in England and Wales, explaining the Employment Tribunal Procedure Rules 2024, new delegation powers to legal officers, updated forms and modernised procedures, and what these reforms mean for claimants and respondents in tribunal cases.
Significant changes to the employment tribunal rules of procedure in England and Wales came into force on 6 January 2025, marking the most substantial procedural reform in over a decade. The new Employment Tribunal Procedure Rules 2024 (SI 2024/1155) replace the procedural framework previously set out in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. These changes reflect updated statutory rule‑making powers, modern drafting standards and new provisions aimed at improving clarity, governance and tribunal efficiency. This guide explains what the new rules involve, why they were introduced, what the practical impacts are for claimants and employers, and how to navigate the evolving tribunal landscape.
Background: Why the Rules Changed
The Employment Tribunal Procedure Rules 2024 were developed following consultations by the Tribunal Procedure Committee (TPC) and laid before Parliament in December 2024. They came into force on 6 January 2025, replacing the procedures that had applied under the 2013 Regulations. One of the key drivers was the transfer of responsibility for making tribunal procedural rules from the government to the TPC under the Judicial Review and Courts Act 2022. This change aligns employment tribunals with other chambers of the First‑tier Tribunal system and modernises procedural governance.
Overview of the Main Changes
1. New Procedural Framework and Modern Drafting
The 2024 rules largely remake the substantive provisions from the old 2013 regulations but restructure, clarify and update them in line with modern legislative drafting practices. Most of the substantive procedural content remains recognisably similar, including case‑management direction, hearings, evidence and compliance requirements, but the format, numbering and presentation of the rules have changed.
Numerous rules have been renumbered; for example, procedures for presenting and responding to claims appear in different rule numbers than under the 2013 Regulations. Practitioners and litigants alike must therefore refer to the updated numbering when citing specific provisions.
2. Delegation to Legal Officers (Rule 7)
One of the most significant substantive changes is the introduction of a power to delegate certain judicial functions to legal officers - tribunal staff with appropriate training and authorisation - under the supervision of an Employment Judge. Previously, only judges could exercise many procedural powers. The new framework brings employment tribunals into closer alignment with the wider First‑tier Tribunal system by enabling staff to handle routine case management tasks.
This delegation can speed up case progression by allowing legal officers to determine:
- extensions or reductions in deadlines;
- whether to strike out defective claims or allow corrections;
- service and response directions;
- case management orders in uncontested procedural matters;
- postponements or stays when appropriate.
If a party disagrees with a legal officer's decision, they can request a review by a judge within a set period, providing a safeguard while improving efficiency.
3. Power to Prescribe Forms by Practice Direction (Rule 9)
Under the 2013 regime, the Secretary of State prescribed claim and response forms. The 2024 rules transfer this power to the Presidents of the Employment Tribunals (usually the Senior President of Tribunals) who may now set out the required forms through Practice Directions rather than primary legislation. This change allows forms to be updated more swiftly to reflect procedural practice and evolving digital processes without awaiting new regulations.
4. Removal of Redundant References and Modernisation
The 2024 rules also remove or update outdated references, including those to tribunal fees, reflecting that employment tribunal claims remain free of charge - a position reaffirmed by the government in 2025.
Drafting has been modernised to improve clarity. For example, decisions and written reasons for judgment may now be approved and signed in digital form, consistent with current tribunal practice and electronic filing expectations.
5. Retained Substantive Procedures
Although procedure numbering and governance have changed, core aspects of tribunal practice remain:
- tribunals still manage cases under an overriding objective of fairness, proportionality, equality and efficiency;
- preliminary hearings, case‑management orders and directions continue to shape dispute progression;
- hearings and evidence rules remain flexible and less formal than in the civil courts, enabling tribunals to regulate their own process.
The rules continue to cover key procedural stages including:
- lodging claims (ET1) and responses (ET3);
- case management timetables;
- disclosure and witness statements;
- hearings and enforcement orders.
Practical Impacts for Claimants and Respondents
Clarifying Deadlines and Compliance
Although the substance of deadlines has not changed drastically, claimants and respondents must familiarise themselves with the 2024 numbering and rule structure so that procedural compliance (e.g., lodging forms, responding on time, providing disclosure) adheres to the current framework.
Greater Efficiency Through Delegation
Delegation to legal officers aims to shorten procedural steps and reduce judicial workload. This can be especially helpful for applications that do not require substantive judicial determination, such as minor extensions or case‑management variations. The possibility of review preserves a route to judicial oversight.
Updated Forms and Digital Processes
Practice Directions updating claim and response forms can reflect evolving digital systems (for example, the MyHMCTS portal) and procedural clarity. Parties must ensure they use the current approved forms and follow the Practice Directions in force at the time of filing.
Ongoing and Future Developments
While the 2024 rules mark a major refresh, the TPC continues to consult on further changes, including possible amendments on how written reasons are provided by tribunals and other case management measures. These consultations indicate that tribunal procedure may continue to evolve in response to practice issues and stakeholder feedback.
Common Questions
Do the new rules change claim time limits?
No. The substantive statutory time limits for tribunal claims are set by employment legislation (for example, three months for unfair dismissal), not the tribunal procedure rules themselves. However, updated rules and Practice Directions may refine how deadlines are calculated and managed.
Will cases started before 6 January 2025 continue under old rules?
Tribunals apply the new rules to all proceedings after the commencement date, although transitional provisions and practice guidance may clarify specific applications. Parties should check case‑specific directions.
Are tribunal fees returning?
As of early 2026, the government confirmed employment tribunal claims will remain free; proposals to reintroduce fees were ruled out by the Justice Secretary after public opposition.
Key Takeaways
The Employment Tribunal Procedure Rules 2024, in force from 6 January 2025, represent a structural and governance overhaul of employment tribunal procedure in England and Wales. While the core stages of lodging and responding to claims, case management and hearings remain familiar, key changes include updated drafting, new powers to delegate judicial functions to legal officers, the ability for tribunal Presidents to prescribe forms by Practice Directions, and modernisation of procedural language. These changes aim to improve clarity, align employment tribunal procedures with other tribunal jurisdictions, and enhance efficiency without altering substantive rights or basic timelines. Understanding the new rules and how they operate in practice is important for workers, employers and solicitors navigating tribunal claims.
