Employment Appeal Tribunal Rules 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2854 |
| Year | 1993 |
1993 No. 2854
INDUSTRIAL TRIBUNALS
The Employment Appeal Tribunal Rules 1993
ARRANGEMENT OF RULES
1. Citation and commencement.
2. Interpretation.
3. Institution of appeal.
4. Service of notice of appeal.
5. Respondents to appeals.
6. Respondent's answer and notice of cross appeal.
7. Disposal of appeal.
8,9. Application in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union.
10. Service of application under rule 8.
11,12. Appearance by respondent trade union.
13. Application for restriction of proceedings order.
14. Service of application under rule 13.
15,16. Appearance by person named in application under rule 13.
17. Disposal of application.
18. Joinder of parties.
19. Interlocutory applications.
20. Disposal of interlocutory applications.
21. Appeals from Registrar.
22. Hearing of interlocutory applications.
23. Cases involving allegations of sexual misconduct or the commission of sexual offences.
24. Appointment for directions.
25. Appeal Tribunal's power to give directions.
26. Default by parties.
27. Attendance of witnesses and production of documents.
28. Oaths.
29. Oral hearings.
30. Proceedings to be conducted in private on grounds of national security.
31. Drawing up, reasons for, and enforcement of orders.
32. Registration and proof of awards in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union.
33. Review of decisions and correction of errors.
34. Costs or expenses.
35. Service of documents.
36. Conciliation.
37. Time.
38. Tribunal offices and allocation of business.
39. Non compliance with, and waiver of, rules.
40. Transitional provisions.
Schedule.
The Lord Chancellor, in exercise of the powers conferred on him by section 154(3) of and paragraphs 17(1), 18, 18A(1) and 19(1) of Schedule 11 to the Employment Protection (Consolidation) Act 1978 (a), and of all other powers enabling him in that behalf, after consultation with the Lord President of the Court of Session, hereby makes the following Rules: -
Citation and commencement
1.-(1) These Rules may be cited as the Employment Appeal Tribunal Rules 1993 and shall come into force on 16th December 1993.
(2) As from that date the Employment Appeal Tribunal Rules 1980 (b), the Employment Appeal Tribunal (Amendment) Rules 1985 (c) and the Employment Appeal Tribunal (Amendment) Rules 1988 (d) shall be revoked.
Interpretation
2. In these Rules, unless the context otherwise requires -
`the 1978 Act' means the Employment Protection (Consolidation) Act 1978 Schedule so numbered in the 1978 Act;
`the 1992 Act' means the Trade Union and Labour Relations (Consolidation) Act 1992 (e);
`the Appeal Tribunal' means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 (f) and continued in existence under section 135 of the 1978 Act (g)and includes the President, a judge, a member or the Registrar acting on behalf of the Tribunal;
`the Certification Officer' means the person appointed to be the Certification Officer under section 7(1) of the Employment Protection Act 1975 (h) or section 254(2) of the 1992 Act, as the case may be;
`judge' means a judge of the Appeal Tribunal nominated under section 135(2)(a) or (b) and includes a judge nominated under paragraph 5 or 6 and a judge appointed under paragraph 8 of Schedule 11 (i) to act temporarily in the place of a judge of the Tribunal;
`member' means a member of the Appeal Tribunal appointed under section 135(2)(c) and includes a member appointed under paragraph 7 of Schedule 11 to act temporarily in the place of a member appointed under that section;
`the President' means the judge appointed under section 135(4) to be President of the Appeal Tribunal and includes a judge nominated under paragraph 4 of Schedule 11 to act temporarily in his place;
`the Registrar' means the person appointed to be Registrar of the Appeal Tribunal and includes any officer of the Tribunal authorised by the President to act on behalf of the Registrar;
`the Secretary of Industrial Tribunals' means the person acting for the time being as the Secretary of the Central Office of the Industrial Tribunals (England and Wales) or, as may be appropriate, of the Central Office of the Industrial Tribunals (Scotland);
`taxing officer' means any officer of the Appeal Tribunal authorised by the President to assess costs or expenses.
Institution of appeal
3.-(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 or 2 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 extended written reasons for the decision or order of that tribunal.(2) The period within which an appeal to the Appeal Tribunal may be instituted is 42 days from the date on which extended 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.
(3) Where it appears to the Registrar that the grounds of appeal stated in the notice of appeal do not give the Appeal Tribunal jurisdiction to entertain the appeal, he shall notify the appellant accordingly informing him of the reasons for the opinion and, subject to paragraphs (4) and (6) of this rule, no further action shall be taken on the appeal.
(4) Where notification has been given under paragraph (3) of this rule, the appellant may serve a fresh notice of appeal within the time remaining under paragraph (2) or within 28 days from the date on which the Registrar's notification was sent to him, whichever is the longer period.
(5) Where the appellant serves a fresh notice of appeal under paragraph (4) of this rule the Registrar shall consider such fresh notice of appeal with regard to jurisdiction as though it were an original notice of appeal lodged pursuant to paragraphs (1) and (2) of this rule.
(6) Where an appellant expresses dissatisfaction in writing with the reasons given by the Registrar, under paragraph (3) of this rule, for his opinion that the grounds of appeal stated in a notice do not give the Appeal Tribunal jurisdiction to entertain the appeal, the Registrar shall place the papers before the President or a judge for his direction as to whether any further action should be taken on the appeal.
Service of notice of appeal
4. On receipt of notice under rule 3, the Registrar shall seal the notice with the Appeal Tribunal's seal and shall serve a sealed copy on the appellant and on -
(a) every person who, in accordance with rule 5, is a respondent to the appeal; and(b) The Secretary of Industrial Tribunals in the case of an appeal from an industrial tribunal; or(c) the Certification Officer in the case of an appeal from any of his decisions; or(d) the Secretary of State in the case of an appeal under Part VI of the 1978 Act or Chapter II of Part IV of the 1992 Act to which he is not a respondent.Respondents to appeals
5. The respondents to an appeal shall be -
(a) in the case of an appeal from an industrial tribunal or of an appeal made pursuant to section 95 or 104 of the 1992 Act from a decision of the Certification Officer, the parties (other than the appellant) to the proceedings before the industrial tribunal or the Certification Officer;(b) in the case of an appeal made pursuant to section 9 of the 1992 Act from a decision of the Certification Officer, that Officer.Respondent's answer and notice of cross-appeal
6.-(1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Appeal Tribunal by which any answer under this rule must be delivered.
(2) A respondent who wishes to resist an appeal shall, within the time appointed under paragraph (1) of this rule, deliver to the Appeal Tribunal an answer in writing in, or substantially in, accordance with Form 3 in the Schedule to these Rules, setting out the grounds on which he relies, so, however, that it shall be sufficient for a respondent to an appeal referred to in rule 5(a) who wishes to rely on any ground which is the same as a ground relied on by the industrial tribunal or the Certification Officer for making the decision or order appealed from to state that fact in his answer.
(3) A respondent who wishes to cross-appeal may do so by including in his answer a statement of the grounds of his cross-appeal, and in that event an appellant who wishes to resist the cross-appeal shall, within a time to be appointed by the Appeal Tribunal, deliver to the Tribunal a reply in writing setting out the grounds on which he relies.
(4) The Registrar shall serve a copy of every...
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