The following Employment guidance note provides comprehensive and up to date legal information covering:
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:
there are issues between that person and any of the existing parties, and
those issues fall within the jurisdiction of the tribunal, and
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:
on its own initiative, or
on the application of any existing party to proceedings (using the procedure under rule 30—see Practice Note: Employment tribunal case management), or
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
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234