Page:Employment Claims Act 2016.pdf/28

Rh (2) A tribunal, when dealing with any claim, is to adopt a judge‑led approach, that is to say, the tribunal—
 * (a) is to identify the relevant issues in the claim; and
 * (b) is to ensure that the relevant evidence is adduced by the parties to the proceedings before the tribunal.

(3) In adopting a judge‑led approach, a tribunal may, at any time, on its own initiative or on the application of any party to the proceedings before the tribunal, direct any party or parties to those proceedings to appear before the tribunal, for the tribunal to make such order or give such direction as the tribunal thinks fit, for the just, expeditious and economical disposal of the claim.

(4) A tribunal may, on its own initiative or at the request of any party, summon any person to do either or both of the following:
 * (a) give evidence in any proceedings before a tribunal;
 * (b) produce any document, record or thing which is relevant in any proceedings before a tribunal.

(5) A tribunal may inquire into any matter which the tribunal considers relevant to a claim, whether or not the matter is raised by a party to the claim.

(6) When deciding any claim for employment assistance payment, or calculating the amount of an employment assistance payment, a tribunal may take into account the tripartite guidelines.

(7) To avoid doubt, if any party to any proceedings before a tribunal fails, without reasonable excuse, to attend those proceedings, a tribunal may hear the claim and make its decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision of the tribunal.

Evidence

21.—(1) A tribunal—
 * (a) is not bound by the rules of evidence in the conduct of any proceedings; and