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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

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Application for a direction suspending the operation of a prohibition notice

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6.—(1) When an appeal is brought against a prohibition notice, an application may be made by the appellant under section 24(3)(b) of the Health and Safety Act for a direction suspending the operation of the prohibition notice until the appeal is determined or withdrawn. The application must be presented to the Employment Tribunal Office in writing and shall include —

(a)the case number of the appeal, or if there is no case number sufficient details to identify the appeal; and

(b)the grounds on which the application is made.

(2) The Secretary shall send a copy of the application to the respondent as soon as practicable after it has been received and shall inform the respondent that he has the opportunity to submit representations in writing if he so wishes, within a specified time but not less than 7 days.

(3) The chairman shall consider the application and any representations submitted by the respondent, and may —

(a)order that the application should not be determined separately from the full hearing of the appeal;

(b)order that the operation of the prohibition notice be suspended until the appeal is determined or withdrawn;

(c)dismiss the appellant’s application; or

(d)order that the application be determined at a Hearing (held in accordance with rule 26 of Schedule 1).

(4) The chairman must give reasons for any decision made under paragraph (3) or made following a Hearing ordered under paragraph (3)(d).

(5) A decision made under paragraph (3) or made following a Hearing ordered under paragraph (3)(d) shall be treated as a decision which may be reviewed upon the application of a party under rule 34 of Schedule 1.

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