The Employment Appeal Tribunal Rules 1993

[^key-33c63520db954b7364ecb40ad2d9e9e1]: Words in rule 6(12) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(3)(a)(iii) (with reg. 9(b))

[^key-30b4230ce185f0b95757b0ce03d4018b]: Words in rule 6(12A) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(3)(b)(ii) (with reg. 9(b))

[^key-733e1bb18bc63610855c5d981e7c4fb3]: Words in rule 6(16) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(3)(c)(i) (with reg. 9(b))

[^key-0ab9902ee2da432bacf98b7ddc02bf29]: Words in rule 6(16) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(3)(c)(ii) (with reg. 9(b))

[^key-bbd0b9e27e70b1fabd8a11e2c6d1846e]: Words in rule 6(12A) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(3)(b)(i) (with reg. 9(b))

[^key-fbaf7dc6e2396b392446581e428484d3]: Words in rule 20(2) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(4)(a)(i) (with reg. 9(b))

[^key-604b79794ba98abd93e7532b25c10bd9]: Words in rule 20(2) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(4)(a)(ii) (with reg. 9(b))

[^key-9bf5681683575d536b88648f509d7f43]: Words in rule 20(2) omitted (27.1.2024) by virtue of The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(4)(a)(iii) (with reg. 9(b))

[^key-275a81ddf9474e80a192404171a4b757]: Word in rule 20(2) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(4)(a)(iv) (with reg. 9(b))

[^key-9824df4d33354491906fee685cacc830]: Words in rule 20(3) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(4)(b) (with reg. 9(b))

[^key-aec07bc66cdcdad9154da0cc6986cc48]: Words in rule 20(4) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(4)(b) (with reg. 9(b))

[^key-aff364b55b96458012c779fec9f74b39]: Words in rule 21(1) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(5) (with reg. 9(b))

[^key-48c636f3b088f1f4f78a621dd2cfbaa0]: Words in rule 29(1) omitted (27.1.2024) by virtue of The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(6) (with reg. 9(b))

[^key-84699aeab693945c9b69d773ea12712c]: Rule 33(4) omitted (27.1.2024) by virtue of The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(7)(b) (with reg. 9(b))

[^key-94a2bda92a7f5cb2150f934880ae75b0]: Words in rule 33(3) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(7)(a) (with reg. 9(b))

[^key-8d6f72fea1bc2275a2bc3fd0bbc297c5]: Words in rule 2(1) substituted (6.1.2025) by The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 (S.I. 2024/1156), regs. 1(1), 2(2)

[^key-3c88f672e2f0143a453f1b77991ed5c0]: Words in rule 2(1) substituted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(2)(a)

[^key-62bc8e1991466f07147c6f090ed7210f]: Words in rule 2(1) inserted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(2)(b)

[^key-2228592e68feb2526850400d9360f212]: Rule 34D(7)(b) substituted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(3)(a)

[^key-8c3d233bf76b7dbfb7915f283d296b5a]: Rule 34D(7)(c) omitted (1.2.2025) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(3)(b)

[^key-627c928614e4ad58c21e42311a8dada2]: Rule 35(1A)-(1D) inserted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(4)(b)

[^key-b875d2cf2fb238c35a68ea92b07d73eb]: Rule 35(1) substituted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(4)(a)

Restricted reporting orders in disability cases

23A

• (1) This rule applies to proceedings to which section 32(1) of the 1996 Act applies.

• (2) In proceedings to which this rule applies the Appeal Tribunal may, on the application of the complainant or of its own motion, make a restricted reporting order having effect, if not revoked earlier by the Appeal Tribunal, until the promulgation of its decision.

• (3) Where the Appeal Tribunal makes a restricted reporting order under paragraph (2) of this rule in relation to an appeal which is being dealt with by the Appeal Tribunal together with any other proceedings, the Appeal Tribunal may direct that the order is to apply also in relation to those other proceedings or such part of them as it may direct.

• (4) Paragraphs (5) to (9) of rule 23 apply in relation to the making of a restricted reporting order under this rule as they apply in relation to the making of a restricted reporting order under that rule.

Appointment for direction

Appeal Tribunal’s power to give directions

Default by parties

Attendance of witnesses and production of documents

Oaths

Oral hearings

Proceedings to be conducted in private on grounds of national security

Drawing up, reasons for, and enforcement of orders

Registration and proof of awards in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union

Review of decisions and correction of errors

Costs or expenses

Service of documents

Conciliation

Time

Tribunal offices and allocation of business

Non-compliance with, and waiver of, rules

Transitional provisions

Complaints under regulations 20 and 21 of the 1999 Regulations

16A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of application under rule 16A

16B

On receipt of an application under rule 16AA, the Registrar shall seal it with the Appeal Tribunal’s seal and shall serve a sealed copy on the applicant and on the respondent.

Appearance by respondent

16C

A respondent wishing to resist an application under rule ... 16AA shall within 14 days of receiving the sealed copy of the application enter an appearance in, or substantially in, accordance with Form 5A in the Schedule to these Rules and setting out the grounds on which the respondent relies.

16D

On receipt of the notice of appearance under rule 16C the Registrar shall serve a copy of it on the applicant.

Disposal of application

Joinder of parties

Interlocutory applications

Disposal of interlocutory applications

Appeals from Registrar

Hearing of interlocutory applications

Cases involving allegations of sexual misconduct or the commission of sexual offences

Restricted reporting orders in disability cases

Appointment for direction

Appeal Tribunal’s power to give directions

Default by parties

Attendance of witnesses and production of documents

Oaths

Oral hearings

Duty of Appeal Tribunal concerning disclosure of information

Proceedings in cases concerning national security

30A

• (1) A Minister of the Crown (whether or not he is a party to the proceedings) may, if he considers it expedient in the interests of national security, direct the Appeal Tribunal by notice to the Registrar to—

• (a) sit in private for all or part of particular Crown employment proceedings;

• (b) exclude any party who was the claimant in the proceedings before the employment tribunal from all or part of particular Crown employment proceedings;

• (c) exclude the representatives of any party who was the claimant in the proceedings before the employment tribunal from all or part of particular Crown employment proceedings;

• (d) take steps to conceal the identity of a particular witness in particular Crown employment proceedings.

• (2) The Appeal Tribunal may, if it considers it expedient in the interests of national security, by order—

• (a) do in relation to particular proceedings before it anything of a kind which the Appeal Tribunal can be required to do in relation to particular Crown employment proceedings by direction under paragraph (1) of this rule;

• (b) direct any person to whom any document (including any decision or record of the proceedings) has been provided for the purposes of the proceedings not to disclose any such document or the content thereof—

• (i) to any excluded person;

• (ii) in any case in which a direction has been given under paragraph (1)(a) or an order has been made under paragraph (2)(a) read with paragraph (1)(a), to any person excluded from all or part of the proceedings by virtue of such direction or order; or

• (iii) in any case in which a Minister of the Crown has informed the Registrar in accordance with paragraph (3) that he wishes to address the Appeal Tribunal with a view to the Tribunal making an order under paragraph (2)(a) read with paragraph (1)(b) or (c), to any person who may be excluded from all or part of the proceedings by virtue of such an order, if an order is made, at any time before the Appeal Tribunal decides whether or not to make such an order;

• (c) take steps to keep secret all or part of the reasons for any order it makes.

The Appeal Tribunal shall keep under review any order it makes under this paragraph.

• (3) In any proceedings in which a Minister of the Crown considers that it would be appropriate for the Appeal Tribunal to make an order as referred to in paragraph (2), he shall (whether or not he is a party to the proceedings) be entitled to appear before and to address the Appeal Tribunal thereon. The Minister shall inform the Registrar by notice that he wishes to address the Appeal Tribunal and the Registrar shall copy the notice to the parties.

• (4) In any proceedings in which there is an excluded person, the Appeal Tribunal shall inform the Attorney General or, in the case of an appeal from an employment tribunal in Scotland, the Advocate General for Scotland, of the proceedings before it with a view to the Attorney General (or, as the case may be, the Advocate General), if he thinks it fit to do so, appointing a special advocate to represent the interests of the person who was the claimant in the proceedings before the employment tribunal in respect of those parts of the proceedings from which—

• (a) any representative of his is excluded;

• (b) both he and his representative are excluded; or

• (c) he is excluded, where he does not have a representative.

• (5) A special advocate shall have a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990, or, in the case of an appeal from an employment tribunal in Scotland, shall be—

• (a) an advocate; or

• (b) a solicitor who has by virtue of section 25A of the Solicitors (Scotland) Act 1980 rights of audience in the Court of Session or the High Court of Justiciary.

• (6) Where the excluded person is a party to the proceedings, he shall be permitted to make a statement to the Appeal Tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

• (7) Except in accordance with paragraphs (8) to (10), the special advocate may not communicate directly or indirectly with any person (including an excluded person)—

• (a) (except in the case of the Appeal Tribunal or the party who was the respondent in the proceedings before the employment tribunal) on any matter contained in the documents referred to in rule 3(5), 3(6), 6(7) or 6(8)(b); or

• (b) (except in the case of a person who was present) on any matter discussed or referred to during any part of the proceedings in which the Appeal Tribunal sat in private pursuant to a direction of the Minister under paragraph (1)(a) or an order of the Appeal Tribunal under paragraph (2)(a) read with paragraph (1)(a).

• (8) The special advocate may apply for directions from the Appeal Tribunal authorising him to seek instructions from, or otherwise to communicate with, an excluded person—

• (a) on any matter contained in the documents referred to in rule 3(5), 3(6), 6(7) or 6(8)(b); or

• (b) on any matter discussed or referred to during any part of the proceedings in which the Appeal Tribunal sat in private as referred to in paragraph (7)(b).

• (9) An application under paragraph (8) shall be made by presenting to the Registrar a notice of application, which shall state the title of the proceedings and set out the grounds of the application.

• (10) The Registrar shall notify the Minister of an application for directions under paragraph (8) and the Minister shall be entitled to address the Appeal Tribunal on the application.

• (11) In these rules, in any case in which a special advocate has been appointed in respect of a party, any reference to a party shall (save in those references specified in paragraph (12)) include the special advocate.

• (12) The references mentioned in paragraph (11) are those in rules 5 and 18, the first and second references in rule 27(1A), paragraphs (1) and (6) of this rule, the first reference in paragraph (3) of this rule, rule 34(1), the reference in item 4 of Form 1, and in item 4 of Form 1A, in the Schedule to these Rules.

Drawing up, reasons for, and enforcement of orders

Reasons for orders in cases concerning national security

31A

• (1) Paragraphs (1) to (5) of this rule apply to the document setting out the reasons for the Appeal Tribunal’s order prepared under rule 31(2) or any reasoned judgment of the Appeal Tribunal as referred to in rule 31(2), in any particular Crown employment proceedings in which a direction of a Minister of the Crown has been given under rule 30A(1)(a), (b) or (c) or an order of the Appeal Tribunal has been made under rule 30A(2)(a) read with rule 30A(1)(a), (b) or (c).

• (2) Before the Appeal Tribunal gives its reasons in writing for any order or delivers any reasoned judgment, the Registrar shall send a copy of the reasons or judgment to the Minister.

• (3) If the Minister considers it expedient in the interests of national security, he may—

• (a) direct the Appeal Tribunal that the document containing its reasons for any order or its reasoned judgment shall not be disclosed to any person who was excluded from all or part of the proceedings and to prepare a further document setting out the reasons for its order, or a further reasoned judgment, but with the omission of such reasons as are specified in the direction; or

• (b) direct the Appeal Tribunal that the document containing its reasons for any order or its reasoned judgment shall not be disclosed to any person who was excluded from all or part of the proceedings, but that no further document setting out the Appeal Tribunal’s reasons for its order or further reasoned judgment should be prepared.

• (4) Where the Minister has directed the Appeal Tribunal in accordance with paragraph (3)(a), the document prepared pursuant to that direction shall be marked in each place where an omission has been made. The document may then be given by the Registrar to the parties.

• (5) The Registrar shall send the document prepared pursuant to a direction of the Minister in accordance with paragraph (3)(a) and the full document without the omissions made pursuant to that direction—

• (a) to whichever of the appellant and the respondent was not the claimant in the proceedings before the employment tribunal;

• (b) if he was not an excluded person, to the person who was the claimant in the proceedings before the employment tribunal and, if he was not an excluded person, to his representative;

• (c) if applicable, to the special advocate; and

• (d) where there are proceedings before a superior court relating to the order in question, to that court.

• (6) Where the Appeal Tribunal intends to take steps under rule 30A(2)(c) to keep secret all or part of the reasons for any order it makes, it shall send the full reasons for its order to the persons listed in sub-paragraphs (a) to (d) of paragraph (5), as appropriate.

Registration and proof of awards in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union

Review of decisions and correction of errors

Costs or expenses

Service of documents

Conciliation

Time

Tribunal offices and allocation of business

Non-compliance with, and waiver of, rules

Transitional provisions

FORM 5

Notice of appearance to Application to Employment Appeal Tribunal for Compensation for Exclusion or Expulsion from a Trade Union or for Compensation or an Order in respect of Unjustifiable Discipline

Rule 11

FORM 5A

Notice of Appearance to the Employment Appeal Tribunal under Regulation 20, 21 or 21A of the Transnational Information and Consultation of Employees Regulations 1999 or Regulation 20(6) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 or Regulation 22(6) of the Information and Consultation of Employees Regulations 2004 ...

Rule 16C

FORM 6

Application to the Employment Appeal Tribunal Under section 33 of the 1996 Act for a Restriction of Proceedings Order

Rule 13

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) ensuring that the parties are on an equal footing;

• (b) dealing with the case in ways which are proportionate to the importance and complexity of the issues;

• (c) ensuring that it is dealt with expeditiously and fairly; and

• (d) saving expense.

• (3) The parties shall assist the Appeal Tribunal to further the overriding objective.

Institution of Appeal

Service of notice of appeal

Respondents to appeals

Respondent’s answer and notice of cross-appeal

Disposal of appeal

Application in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union

Service of application under rule 8

Appearance by respondent trade union

Application for restriction of proceedings order

Service of application under rule 13

Appearance by person named in application under rule 13

Complaints under regulations 20 and 21 of the 1999 Regulations

Applications under regulation 33(6) of the 2004 Regulations

16AA

Every application under regulation 33(6) of the 2004 Regulations or regulation 22(6) of the Information and Consultation Regulations ... or regulation 20(7), 21(6) or 21A(5) of the 1999 Regulations shall be made by way of application in writing in, or substantially in, accordance with Form 4B in the Schedule to these Rules and shall be served on the Appeal Tribunal together with a copy of the declaration referred to in regulation 33(4) of the 2004 Regulations or regulation 22(4) of the Information and Consultation Regulations ... or the decision referred to in regulation 20(4), 21(4) or 21A(3) of the 1999 Regulations, or an explanation as to why none is included.

Service of application under rule 16A

Appearance by respondent

Disposal of application

Joinder of parties

Interlocutory applications

Disposal of interim applications

Appeals from Registrar

Hearing of interim applications

Cases involving allegations of sexual misconduct or the commission of sexual offences

Restricted reporting orders in disability cases

Appointment for direction

Appeal Tribunal’s power to give directions

Default by parties

Attendance of witnesses and production of documents

Oaths

Oral hearings

Duty of Appeal Tribunal concerning disclosure of information

Proceedings in cases concerning national security

Drawing up, reasons for, and enforcement of orders

Reasons for orders in cases concerning national security

Registration and proof of awards in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union

Review of decisions and correction of errors

General power to make costs or expenses orders

When a costs or expenses order may be made

34A

• (1) Where it appears to the Appeal Tribunal that any proceedings brought by the paying party were unnecessary, improper, vexatious or misconceived or that there has been unreasonable delay or other unreasonable conduct in the bringing or conducting of proceedings by the paying party, the Appeal Tribunal may make a costs order against the paying party.

• (2) The Appeal Tribunal may in particular make a costs order against the paying party when—

• (a) he has not complied with a direction of the Appeal Tribunal;

• (b) he has amended its notice of appeal, document provided under rule 3 sub- paragraphs (5) or (6), Respondent’s answer or statement of grounds of cross-appeal, or document provided under rule 6 sub-paragraphs (7) or (8); or

• (c) he has caused an adjournment of proceedings.

• (2A) If the Appeal Tribunal allows an appeal, in full or in part, it may make a costs order against the respondent specifying the respondent pay to the appellant an amount no greater than any fee paid by the appellant under a notice issued by the Lord Chancellor.

• (3) Nothing in paragraph (2) or (2A) shall restrict the Appeal Tribunal’s discretion to award costs under paragraph (1).

The amount of a costs or expenses order

34B

• (1) Subject to sub-paragraphs (2) and (3) the amount of a costs order against the paying party can be determined in the following ways:

• (a) the Appeal Tribunal may specify the sum which the paying party must pay to the receiving party;

• (b) the parties may agree on a sum to be paid by the paying party to the receiving party and if they do so the costs order shall be for the sum agreed; or

• (c) the Appeal Tribunal may order the paying party to pay the receiving party the whole or a specified part of the costs of the receiving party with the amount to be paid being determined by way of detailed assessment in the High Court in accordance with the Civil Procedure Rules 1998 or in Scotland the Appeal Tribunal may direct that it be taxed by the Auditor of the Court of Session, from whose decision an appeal shall lie to a judge.

• (2) The Appeal Tribunal may have regard to the paying party’s ability to pay when considering the amount of a costs order.

• (3) The costs of an assisted person in England and Wales shall be determined by detailed assessment in accordance with the Civil Procedure Rules.

Personal liability of representatives for costs

34C

• (1) The Appeal Tribunal may make a wasted costs order against a party’s representative.

• (2) In a wasted costs order the Appeal Tribunal may disallow or order the representative of a party to meet the whole or part of any wasted costs of any party, including an order that the representative repay to his client any costs which have already been paid.

• (3) “Wasted costs” means any costs incurred by a party (including the representative’s own client and any party who does not have a legal representative):

• (a) as a result of any improper, unreasonable or negligent act or omission on the part of any representative; or

• (b) which, in the light of any such act or omission occurring after they were incurred, the Appeal Tribunal considers it reasonable to expect that party to pay.

• (4) In this rule “representative” means a party’s legal or other representative or any employee of such representative ...

• (5) Before making a wasted costs order, the Appeal Tribunal shall give the representative a reasonable opportunity to make oral or written representations as to reasons why such an order should not be made. The Appeal Tribunal may also have regard to the representative’s ability to pay when considering whether it shall make a wasted costs order or how much that order should be.

• (6) When the Appeal Tribunal makes a wasted costs order, it must specify in the order the amount to be disallowed or paid.

• (7) The Registrar shall inform the representative’s client in writing—

• (a) of any proceedings under this rule; or

• (b) of any order made under this rule against the party’s representative.

• (8) Where the Appeal Tribunal makes a wasted costs order it shall provide written reasons for doing so if a request is made for written reasons within 21 days of the date of the wasted costs order. The Registrar shall send a copy of the written reasons to all parties to the proceedings.

Litigants in person and party litigants

34D

• (1) This rule applies where the Appeal Tribunal makes a costs order in favour of a party who is a litigant in person.

• (2) The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

• (3) The litigant in person shall be allowed —

• (a) costs for the same categories of—

• (i) work; and

• (ii) disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;

• (b) the payments reasonably made by him for legal services relating to the conduct of the proceedings;

• (c) the costs of obtaining expert assistance in assessing the costs claim; and

• (d) other expenses incurred by him in relation to the proceedings.

• (4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—

• (a) where the litigant in person can prove financial loss, the amount that he can prove he had lost for the time reasonably spent on doing the work; or

• (b) where the litigant in person cannot prove financial loss, an amount for the time which the Tribunal considers reasonably spent on doing the work at the rate of £25.00 per hour;

• (5) For the year commencing 6th April 2006 the hourly rate of £25.00 shall be increased by the sum of £1.00 and for each subsequent year commencing on 6 April, the hourly rate for the previous year shall also be increased by the sum of £1.00.

• (6) A litigant in person who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

• (7) For the purpose of this rule, a litigant in person includes—

• (a) a company or other corporation which is acting without a legal representative; and

• (b) a legal representative, who is acting for themselves.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In the application of this rule to Scotland, references to a litigant in person shall be read as references to a party litigant.

Service of documents

Conciliation

Time

Tribunal offices and allocation of business

Non-compliance with, and waiver of, rules

Transitional provisions

FORM 7

Notice of appearance to Application to the Employment Appeal Tribunal under section 33 of the 1996 Act for a Restriction of Proceedings Order

Rule 15

Service of application under rule 16AA

Non-payment of fee

17A

• (1) The Registrar must strike out an appeal, and must notify each party that the appeal has been struck out, where—

• (a) upon receipt of a notice of appeal, or following a direction by the Appeal Tribunal that a matter proceed to an oral hearing, the Lord Chancellor has issued a notice to an appellant specifying that a fee is payable; and

• (b) the appellant has not paid the fee or presented a remission application on or before the date specified in that notice.

• (2) Where an appeal has been struck out under paragraph (1), the appeal may be reinstated by the Registrar if—

• (a) the appellant applies to have the appeal reinstated; and

• (b) the fee specified in the Lord Chancellor’s notice has been paid or a remission application has been presented and accepted.

• (3) The Registrar must strike out an appeal, and must notify each party that the appeal has been struck out, where—

• (a) after consideration of a remission application the Lord Chancellor has issued a notice to an appellant specifying that a fee is payable; and

• (b) the appellant has not paid the fee on or before the date specified in that notice.

• (4) Where an appeal has been struck out under paragraph (3) the appeal may be reinstated by the Registrar if—

• (a) the appellant applies to have the appeal reinstated; and

• (b) the fee specified in the Lord Chancellor’s notice has been paid.

• (5) An application for reinstatement under paragraph (2) or (4) is deemed to be an interim application for the purposes of rule 20.

Joinder of parties

Interlocutory applications

Disposal of interim applications

Appeals from Registrar

Hearing of interim applications

Cases involving allegations of sexual misconduct or the commission of sexual offences

Restricted reporting orders in disability cases

Appointment for direction

Appeal Tribunal’s power to give directions

Default by parties

Attendance of witnesses and production of documents

Oaths

Oral hearings

Duty of Appeal Tribunal concerning disclosure of information

Proceedings in cases concerning national security

Drawing up, reasons for, and enforcement of orders

Reasons for orders in cases concerning national security

Registration and proof of awards in respect of exclusion or expulsion from, or unjustifiable discipline by, a trade union

Review of decisions and correction of errors

General power to make costs or expenses orders

When a costs or expenses order may be made

The amount of a costs or expenses order

Personal liability of representatives for costs

Litigants in person and party litigants

Service of documents

Conciliation

Time

Tribunal offices and allocation of business

Non-compliance with, and waiver of, rules

Transitional provisions