Delivery of documents in employment tribunal proceedings: the rules
Delivery of documents in employment tribunal proceedings: the rules

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

  • Delivery of documents in employment tribunal proceedings: the rules
  • Delivery to the tribunal
  • Delivery to parties
  • Delivery to non-parties and other special addressees
  • Problems with regular address—substituted service
  • Deemed dates of delivery to tribunal or parties

This Practice Note sets out the rules that apply to the delivery of documents throughout the course of employment tribunal proceedings.

Documents may need to be delivered:

  1. to the tribunal: see Delivery to the tribunal, below

  2. to the parties to the proceedings: see Delivery to parties, below

  3. to others who are not parties to the proceedings: see Delivery to non-parties and other special addressees, below

There are rules in each case describing how and where documents must be delivered.

Sometimes, the address for delivery stipulated by the rules is unascertainable, or known but in some way problematic, in which case an order can be made for delivery in another manner: see Problems with regular address—substituted service, below.

The date of delivery of a document will often be important in determining whether there has been compliance with procedural rules. There are therefore deeming provisions, for different modes of delivery, which declare the date upon which a document will be taken to have been received, unless the contrary is proved: see Deemed dates of delivery to tribunal or parties, below.

Delivery to the tribunal

There are special rules with regard to the initial presentation of an ET1 claim form to the employment tribunal. These are specified in rule 8 of the ET Rules, as supplemented by the Practice Direction made under regulation 11 of the Employment