The Employment Appeal Tribunal (Amendment) Rules 2001

Amendment of rules

6.  In rule 6—

(a) in paragraph (2)—

(i) after the words “resist an appeal shall,”, insert the words “subject to paragraph (6), and”;

(ii) after the words “rule 5(a)”, insert the words “or 5(c)”;

(iii) for the words “or the Certification Officer”, substitute the words “, the Certification Officer or the CAC”; and

(iv) after the word “decision”, insert the word “, declaration”;

(b) in paragraph (3), after the words “cross-appeal may,”, insert the words “subject to paragraph (6),”; and

(c) after paragraph (5), insert—

“(6) In a national security appeal, the respondent shall not set out the grounds on which he relies in his answer to an appeal, nor include in his answer a statement of the grounds of any cross-appeal.

(7) In a national security appeal in relation to which the respondent was not the applicant in the proceedings before the employment tribunal, the respondent shall, within the time appointed under paragraph (1), provide to the Registrar a document, setting out the grounds on which he intends to resist the appeal, and may include in that document a statement of the grounds of any cross-appeal.

(8) In a national security appeal in relation to which the respondent was the applicant in the proceedings before the employment tribunal—

(a) the respondent may, within the time appointed under paragraph (1) provide to the Registrar a document, setting out the grounds on which he intends to resist the appeal, and may include in that document a statement of the grounds of any cross-appeal; and

(b) a special advocate appointed in respect of the respondent may, within the time appointed under paragraph (1), or within 21 days of his appointment, whichever is the later, provide to the Registrar a document, setting out the grounds, or the supplementary grounds, on which the respondent intends to resist the appeal, and may include in that document a statement of the grounds, or the supplementary grounds, of any cross-appeal.

(9) In a national security appeal, if the respondent, or any special advocate appointed in respect of a respondent, provides in the document containing grounds for resisting an appeal a statement of grounds of cross-appeal and the appellant wishes to resist the cross-appeal—

(a) where the appellant was not the applicant in the proceedings before the employment tribunal, the appellant 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; and

(b) where the appellant was the applicant in the proceedings before the employment tribunal, the appellant, or any special advocate appointed in respect of him, may within a time to be appointed by the Appeal Tribunal deliver to the Tribunal a reply in writing setting out the grounds on which the appellant relies.

(10) Any document provided under paragraph (7) or (9)(a) shall be treated by the Registrar in accordance with rule 4(2), as though it were a document received under rule 3(5).

(11) Any document provided under paragraph (8) or (9)(b) shall be treated by the Registrar in accordance with rule 4(3), as though it were a document received under rule 3(6)(a) or (b).”