Employment Appeal Tribunal (Amendment) Rules 1985

JurisdictionUK Non-devolved
CitationSI 1985/29
Year1985

1985 No. 29

INDUSTRIAL TRIBUNALS

The Employment Appeal Tribunal (Amendment) Rules 1985

10thJanuary 1985

23rdJanuary 1985

1stMarch 1985

The Lord Chancellor, in exercise of the powers conferred on him by paragraphs 17 and 18 to Schedule 11 of the Employment Protection (Consolidation) Act 1978(a) and after consultation with the Lord President of the Court of Session, hereby makes the following Rules:—

1. These Rules may be cited as the Employment Appeal Tribunal (Amendment) Rules 1985 and shall come into operation on 1st March 1985.

2. In these Rules "the principal Rules" means the Employment Appeal Tribunal Rules 1980(b).

3. Rule 3 of the principal Rules shall be amended as follows:—

(i) by substituting for paragraph (1), the following paragraphs:—

"(1) Every appeal to the Appeal Tribunal shall be instituted by serving on the Tribunal the following documents:—

(a) a notice of appeal in, or substantially in accordance with Form 1, 2 or 3 in the Schedule to these Rules;

(b) a copy of the decision or order of an industrial tribunal or of the Certification Officer which is the subject of the appeal;

(c) in the case of an appeal from an industrial tribunal, a copy of the full written reasons for the decision or order of that tribunal.

(1A) The period within which an appeal to the Appeal Tribunal may be instituted is 42 days from the date on which full written reasons for the decision or order of the industrial tribunal were sent to the appellant, or, in the case of an appeal from a decision of the Certification Officer, 42 days from the date on which the written record of that decision was so sent.".

(ii) there shall be substituted, in paragraph (3), for the reference to "paragraph (1)", a reference to "paragraph (1A)".

(a) 1978 c. 44. Paragraph 18 of Schedule 11 was amended by the Employment Act 1980 (c.42), section 20 and Schedule 1, paragraph 28.

(b) S.I. 1980/2035.

(iii) there shall be substituted, in paragraph (4), for the reference to "paragraph (1)", a reference to "paragraphs (1) and (1A)".

4. Rule 32 of the principal Rules shall be amended by inserting, after paragraph (2), the following new paragraph:—

"(3) The powers of the Tribunal under paragraph (2) extend to authorising the institution of an appeal notwithstanding that the period prescribed in rule 3(1A) may not have commenced.".

5. For Forms 1 and 3 in the Schedule to the principal Rules there shall be substituted the following forms:

Rule 3

"FORM 1

Notice of Appeal from...

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