Changing parties and participation by third parties in employment tribunal proceedings
Changing parties and participation by third parties in employment tribunal proceedings

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Changing parties and participation by third parties in employment tribunal proceedings
  • Addition, substitution and removal of parties
  • Adding or substituting respondents: general
  • Adding or substituting respondents: where time limit has expired
  • Removal of a respondent by the tribunal: the consequences
  • Removal of a respondent by the tribunal: how to challenge it
  • Participation in proceedings by non-parties

Addition, substitution and removal of parties

The tribunal has power to add a person as a new party to proceedings, or substitute an existing party with a new person (ie replace an existing party by making a person a party to proceedings who was not previously a party) if it appears that:

  1. there are issues between that person and any of the existing parties, and

  2. those issues fall within the jurisdiction of the tribunal, and

  3. it is in the interests of justice to have determined in the proceedings

The tribunal also has power to remove any party apparently wrongly included.

The tribunal may make an order for addition, substitution or removal of a party:

  1. on its own initiative, or

  2. on the application of any existing party to proceedings (using the procedure under rule 30—see Practice Note: Employment tribunal case management), or

  3. on the application any other person wishing to become a party (there is no set procedure applicable to non-parties making an application to the tribunal, but we would suggest adopting a procedure similar to that under rule 30 (see Practice Note: Employment tribunal case management) would be appropriate

Adding or substituting respondents: general

One situation in which a tribunal may often add or substitute a respondent on its own initiative is where has been a transfer of the undertaking