The Employment Appeal Tribunal (Amendment) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These rules amend the Employment Appeal Tribunal Rules 1993 (S.I. 1993/2854) (“the 1993 Rules”). In addition to minor and drafting changes and the updating of statutory references, the rules make the following changes.

Provision is made for appeals from decisions or orders of the Central Arbitration Committee (“CAC”) under the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (“the 1999 Regulations”) and for first instance complaints under those Regulations. Rule 3 of the 1993 Rules is substituted by a new rule 3 which now provides for institution of appeals under the 1999 Regulations. Rule 4 (service of notice of appeal), rule 5 (respondents to appeals), rule 6 (respondent’s answer and notice of cross-appeal), rule 7 (disposal of appeal), rule 26 (default by parties) and rule 31 (orders) of the 1993 Rules are each amended to take account of appeals from decisions or orders of the CAC under the 1999 Regulations. New rules 16A to 16D are inserted into the 1993 Rules (see rule 9) to provide for first instance complaints under regulation 20 or 21 of the 1999 Regulations (failure to establish, or dispute concerning, European Works Council or information and consultation procedure). Rules 24 to 26 insert new forms into the Schedule to the 1993 Rules to be used in appeals or complaints in connection with the 1999 Regulations.

References in the 1993 Rules to procedure and composition of the Appeal Tribunal in cases involving national security have been replaced by more detailed procedural provision to deal with appeals from employment tribunals involving national security. Rules 3, 4, and 6 are amended to make provision for the documents to be supplied to the Appeal Tribunal in such cases. Rule 30 is replaced by a new rule concerning disclosure of information. The main provisions are found in new rule 30A, which enables a Minister to direct, or the tribunal to order, that in cases concerning national security, a party or his representative be excluded, that the case be heard in private and that witnesses' identities be concealed. The Attorney General or the Advocate General for Scotland may appoint a special advocate to represent the party’s interests in the event of his, or his representative's, exclusion. New rule 31A provides for disclosure of the document recording the Appeal Tribunal’s order in national security cases.

Rule 5(a) of the 1993 Rules (respondents to appeals) is amended by the addition of references to sections 45D, 56A and 108C of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (“the 1992 Act”). These sections, which were inserted into the 1992 Act by Schedule 6 to the Employment Relations Act 1999, provide that an appeal lies to the Employment Appeal Tribunal on any question of law arising in any proceedings before or arising from certain decisions of the Certification Officer. Rule 5(b) is amended by the addition of section 126 of the 1992 Act, which provides for an appeal against a decision of the Certification Officer.

Rule 37 of the 1993 Rules is amended by the insertion of a paragraph (4), so that applications for extensions of the time prescribed for instituting an appeal will not be heard until a notice of appeal has been served.

The rules contain a transitional provision at rule 28, to the effect that the amendments to the 1993 Rules apply to all proceedings, irrespective of when they were commenced.