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Employment Tribunals Act 1996

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28 Composition of Appeal Tribunal.E+W+S

(1)The Appeal Tribunal may sit, in accordance with directions given by the President of the Appeal Tribunal, either as a single tribunal or in two or more divisions concurrently.

(2)Subject to subsections (3) to (5), proceedings before the Appeal Tribunal shall be heard by a judge and either two or four appointed members, so that in either case there is an equal number—

(a)of persons whose knowledge or experience of industrial relations is as representatives of employers, and

(b)of persons whose knowledge or experience of industrial relations is as representatives of workers.

(3)With the consent of the parties, proceedings before the Appeal Tribunal may be heard by a judge and one appointed member or by a judge and three appointed members.

(4)Proceedings on an appeal on a [F1chairman-alone question] shall be heard by a judge alone unless a judge directs that the proceedings shall be heard in accordance with subsections (2) and (3).

[F2(4A)In subsection (4) “chairman-alone question” means—

(a)a question arising from any decision of an employment tribunal that is a decision of—

(i)the person mentioned in section 4(1)(a) acting alone, or

(ii)any Employment Judge acting alone, or

(b)a question arising in any proceedings before an employment tribunal that are proceedings before—

(i)the person mentioned in section 4(1)(a) alone, or

(ii)any Employment Judge alone.]

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3S. 28(5) repealed (16.7.2001) by 1999 c. 26, ss. 41, 44, Sch. 8 para. 4, Sch. 9(12); S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

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