Search Legislation

Employment Relations Act 2004

Status:

This is the original version (as it was originally enacted).

14Appeals against demands for costs

This section has no associated Explanatory Notes

In Part 9 of Schedule A1 to the 1992 Act, before paragraph 166 (and before the cross-heading immediately preceding that paragraph) insert—

Rights of appeal against demands for costs

165A(1)This paragraph applies where a demand has been made under paragraph 19E(3), 28(4) or 120(4).

(2)The recipient of the demand may appeal against the demand within 4 weeks starting with the day after receipt of the demand.

(3)An appeal under this paragraph lies to an employment tribunal.

(4)On an appeal under this paragraph against a demand under paragraph 19E(3), the tribunal shall dismiss the appeal unless it is shown that—

(a)the amount specified in the demand as the costs of the appointed person is too great, or

(b)the amount specified in the demand as the amount of those costs to be borne by the recipient is too great.

(5)On an appeal under this paragraph against a demand under paragraph 28(4) or paragraph 120(4), the tribunal shall dismiss the appeal unless it is shown that—

(a)the amount specified in the demand as the gross costs of the ballot is too great, or

(b)the amount specified in the demand as the amount of the gross costs to be borne by the recipient is too great.

(6)If an appeal is allowed, the tribunal shall rectify the demand and the demand shall have effect as if it had originally been made as so rectified.

(7)If a person has appealed under this paragraph against a demand and the appeal has not been withdrawn or finally determined, the demand—

(a)is not enforceable until the appeal has been withdrawn or finally determined, but

(b)as from the withdrawal or final determination of the appeal shall be enforceable as if paragraph (a) had not had effect.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources