Employment Appeal Tribunal (Amendment) Rules 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2072 |
1988 No. 2072
INDUSTRIAL TRIBUNALS
The Employment Appeal Tribunal (Amendment) Rules 1988
Made 28th November 1988
Laid before Parliament 7th December 1988
Coming into force 29th December 1988
The Lord Chancellor, in exercise of the powers conferred on him by paragraphs 17 and 18 of Schedule 11 to the Employment Protection (Consolidation) Act 19781and 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 1988 and shall come into force on 29th December 1988.
2. In these Rules a rule referred to by number means the rule so numbered in the Employment Appeal Tribunal Rules 19802, and a form referred to by number means the form so numbered in the Schedule to those Rules.
3. In rule 5(b), for “section 8 of the Act” there shall be substituted “section 8 of the Employment Protection Act 19753”.
4. For rule 8 there shall be substituted—
“Application under section 5 of the Employment Act 19804or under section 5 of the Employment Act 19885
8. Every application to the Appeal Tribunal for:
(a) an award of compensation for unreasonable exclusion or expulsion from a trade union; or
(b) one or both of the following, that is to say—
(i) an award of compensation for unjustifiable discipline;
(ii) an order that the union pay to the applicant an amount equal to any sum which he has paid in pursuance of a determination falling within subsection (5)(b) of section 3 of the Employment Act 1988;
shall be made in writing in, or substantially in, accordance with Form 5 in the Schedule to these Rules and shall be served on the Tribunal together with a copy of the decision or order declaring that the applicant’s complaint against the trade union was well-founded.”.
In rule 9, for “rule 8” there shall be substituted “rule 8(a)”.
5. In rule 9, for “rule 8” there shall be substituted “rule 8(a)”.
6. For rule 11 there shall be substituted—
“Appearance by respondent trade union
11.—(1) Subject to paragraph (2) of this rule, a respondent trade union wishing to resist an application under rule 8 shall within 14 days of receiving the sealed copy of the application enter an appearance in, or substantially in, accordance with Form 6 in the Schedule to these Rules and setting out the grounds on which the union relies.
(2) Paragraph (1) above shall not require a respondent trade union to enter an appearance where the application is before the Appeal Tribunal by virtue of having been transferred there by an industrial...
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