Section 13A | Payments in respect of preparation time ^F1

(1)Procedure Rules may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.^F1F2

(2)Procedure Rules may, in particular, include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an order against him as described in subsection (1).^F1F3F4

(2A)If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the Rules.^F1F5F6F7

(2B)For the purposes of subsection (2A)—^F1F5

(a)a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with Procedure Rules (whether before or after the hearing has begun), and^F1F5F8

(b)“postponement” includes adjournment.^F1F5

(3)If Procedure Rules include—^F1F9F10

(a)provision of the kind mentioned in subsection (1), and^F1

(b)provision for the award of costs or expenses,^F1F11

they shall also , subject to subsection (4), include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.

(4)Subsection (3) does not require Procedure Rules to include provision to prevent an employment tribunal from making—^F12F13

(a)an order of the kind mentioned in subsection (1), and^F12

(b)an award of costs or expenses that is limited to witnesses' expenses.^F12F14