The Employment Appeal Tribunal (Amendment) Rules 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/2526 |
| Year | 2004 |
2004 No. 2526
EMPLOYMENT TRIBUNALS
The Employment Appeal Tribunal (Amendment) Rules 2004
Made 22th September 2004
Laid before Parliament 24th September 2004
Coming into force 1st October 2004
The Lord Chancellor, in exercise of the powers conferred upon him by sections 30(1), (2)(a), (b), (d) and (f), 31(1), 32(2), 34 and 41(4) of the Employment Tribunals Act 19961and after consultation with the Lord President of the Court of Session, hereby makes the following Rules:
Citation and commencement and interpretation
1.—(1) These Rules may be cited as the Employment Appeal Tribunal (Amendment) Rules 2004 and shall come into force on 1st October 2004.
(2) In these Rules, any reference to a rule or to the Schedule is a reference to a rule in, or to the Schedule to, the Employment Appeal Tribunal Rules 19932.
Amendment of rules
2.—(1) In rule 2(1)—
(a)
(a) after the definition of “the 1999 Regulations”, insert—
““the 2004 Regulations” means the European and Public Limited-Liability Company Regulations 20043;”;
(b)
(b) after the definition of “Crown employment proceedings” insert—
““document” includes a document delivered by way of electronic communication;
“electronic communication” shall have the meaning given to it by section 15(1) of the Electronic Communications Act 20004;”;
(c)
(c) after the definition of “judge” insert—
““legal representative” shall mean a person, including a person who is a party’s employee, who—
(a) has a general qualification within the meaning of the Courts and Legal Services Act 19905;
(b) is an advocate or solicitor in Scotland; or
(c) is a member of the Bar of Northern Ireland or a Solicitor of the Supreme Court of Northern Ireland.”.
(d)
(d) after the definition of “member” insert—
““national security proceedings” shall have the meaning given to it in regulation 2 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 20046;”;
(e)
(e) after the definition of “special advocate” insert—
““writing” includes writing delivered by means of electronic communication;”.
(2) Rule 2(2) shall be deleted.
(3) In rule 2(3) for “applicant”, on each occasion on which that word occurs, substitute “claimant”.
3. After rule 2 insert—
“Overriding Objective
2A.—(1) The overriding objective of these Rules is to enable the Appeal Tribunal to deal with cases justly.
(2) Dealing with a case justly includes, so far as practicable –
(a)
(a) ensuring that the parties are on an equal footing;
(b)
(b) dealing with the case in ways which are proportionate to the importance and complexity of the issues;
(c)
(c) ensuring that it is dealt with expeditiously and fairly; and
(d)
(d) saving expense.
(3) The parties shall assist the Appeal Tribunal to further the overriding objective.”.
4.—(1) In rule 3(1)—
(a)
(a) for sub-paragraph (b) substitute—
“(b)
“(b) in the case of an appeal from a judgment of an employment tribunal a copy of any claim and response in the proceedings before the employment tribunal or an explanation as to why either is not included; and”;
(b)
(b) for sub-paragraph (c) substitute—
“(c)
“(c) in the case of an appeal from a judgment of an employment tribunal a copy of the written record of the judgment of the employment tribunal which is subject to appeal and the written reasons for the judgment, or an explanation as to why written reasons are not included;”;
(c)
(c) in sub-paragraph (d)—
(i) after “the 1999 Regulations” insert “or regulation 47(6) of the 2004 Regulations”; and
(ii) at the end for “.” substitute “;and”;
(d)
(d) after sub-paragraph (d) insert—
“(e)
“(e) in the case of an appeal from an order of an employment tribunal a copy of the written record of the order of the employment tribunal which is subject to appeal and (if available) the written reasons for the order;
(f)
(f) in the case of an appeal from a decision or order of the Certification Officer a copy of the decision or order of the Certification Officer which is subject to appeal and the written reasons for that decision or order.”.
(2) For rule 3(2) substitute—
“2 In an appeal from a judgment or order of the employment tribunal in relation to national security proceedings where the appellant was the claimant—
(i) the appellant shall not be required by virtue of paragraph (1)(b) to serve on the Appeal Tribunal a copy of the response if the response was not disclosed to the appellant; and
(ii) the appellant shall not be required by virtue of paragraph (1)(c)or (e) to serve on the Appeal Tribunal a copy of the written reasons for the judgment or order if the written reasons were not sent to the appellant but if a document containing edited reasons was sent to the appellant, he shall serve a copy of that document on the Appeal Tribunal.”.
(3) In rule 3(3)
(a)
(a) for sub-paragraph (a) substitute—
“(a)
“(a) in the case of an appeal from a judgment of the employment tribunal—
(i) where the written reasons for the judgment subject to appeal—
(aa) were requested orally at the hearing before the employment tribunal or in writing within 14 days of the date on which the written record of the judgment was sent to the parties; or
(bb) were reserved and given in writing by the employment tribunal
42 days from the date on which the written reasons were sent to the parties;
(ii) in an appeal from a judgment given in relation to national security proceedings, where there is a document containing edited reasons for the judgment subject to appeal, 42 days from the date on which that document was sent to the parties; or
(iii) where the written reasons for the judgment subject to appeal—
(aa) were not requested orally at the hearing before the employment tribunal or in writing within 14 days of the date on which the written record of the judgment was sent to the parties; and
(bb) were not reserved and given in writing by the employment tribunal
42 days from the date on which the written record of the judgment was sent to the parties;”;
(b)
(b) for sub-paragraph (b) substitute—
“(b)
“(b) in the case of an appeal from an order of an employment tribunal, 42 days from the date of the order;”;
(c)
(c) in sub-paragraph (d) after “the 1999 Regulations” insert “or regulation 47(6) of the 2004 Regulations”.
(4) In rule 3(4)—
(a)
(a) for the words “a national security appeal” substitute “an appeal from a judgment or order of the employment tribunal in relation to national security proceedings”; and
(b)
(b) for the words “extended reasons for the decision or order” substitute “written reasons for the judgment”.
(5) In rule 3(5) for the words “a national security appeal” substitute “an appeal from the employment tribunal in relation to national security proceedings”.
(6) In rule 3(6)—
(a)
(a) for the words “a national security appeal” substitute “an appeal from the employment tribunal in relation to national security proceedings”
(b)
(b) for “applicant” substitute “claimant”; and
(c)
(c) in sub-paragraphs (a) and (b), for the words “paragraph (3)(b)” substitute “paragraph 3(a)(ii) or (iii) or paragraph 3(b), whichever is applicable,”.
(7) For rule 3(7) substitute—
“7 Where it appears to a judge or the Registrar that a notice of appeal or a document provided under paragraph (5) or (6)—
(a) discloses no reasonable grounds for bringing the appeal; or
(b) is an abuse of the Appeal Tribunal’s process or is otherwise likely to obstruct the just disposal of proceedings,
he shall notify the Appellant or special advocate accordingly informing him of the reasons for his opinion and, subject to paragraphs (8) and (10), no further action shall be taken on the notice of appeal or document provided under paragraph (5) or (6).”.
(8) After rule 3(7) insert—
“7A In paragraphs (7) and (10) reference to a notice of appeal or a document provided under paragraph (5) or (6) includes reference to part of a notice of appeal or document provided under paragraph (5) or (6).”.
(9) In rule 3(8) for the words “the Registrar’s notification” substitute “the notification given under paragraph (7)”.
(10) In rule 3(9) for the words “the Registrar” substitute “a judge or the Registrar”.
(11) For rule 3(10) substitute—
“10 Where notification has been given under paragraph (7) and within 28 days of the date the notification was sent, an appellant or special advocate expresses dissatisfaction in writing with the reasons given by the judge or Registrar for his opinion, he is entitled to have the matter heard before a judge who shall make a direction as to whether any further action should be taken on the notice of appeal or document under paragraph (5) or (6).”.
5. In rule 4(1)(e) after “the 1999 Regulations” insert or regulation 47(6) of the 2004 Regulations”.
6. In rule 5(c) after “the 1999 Regulations” insert or regulation 47(6) of the 2004 Regulations”.
7.—(1) In rule 6—
(a)
(a) in sub-paragraph (2) before “decision” insert “judgment,”;
(b)
(b) in sub-paragraphs (6), (7), (8) and (9), for the words “a national security appeal” substitute “an appeal from the employment tribunal in relation to national security proceedings”; and
(c)
(c) in sub-paragraphs (7), (8) and (9) for “applicant”, on each occasion on which that word occurs, substitute “claimant”.
(2) After rule 6(11) insert—
“12 Where it appears to a judge or the Registrar that a statement of grounds of cross-appeal contained in respondent’s answer or document provided under paragraph (7) or (8)—
(a) discloses no reasonable grounds for bringing the cross-appeal; or
(b) is...
To continue reading
Request your trial