The Employment Appeal Tribunal (Amendment) Rules 2004

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Employment Appeal Tribunal Rules 1993 (SI 1993/2854) (“the 1993 Rules”). In addition to minor drafting amendments to reflect the changes in terminology for parties and documents used in proceedings before employment tribunals made pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1867), these rules make the following amendments.

The Rules introduce an overriding objective to deal with cases justly (see Rule 2A).

Rule 3 of the 1993 Rules has been amended so that in appeals from judgments of the employment tribunals the parties should provide copies of the claim, response and written reasons for the judgment which is the subject of the appeal, or provide reasons why no such documents are attached. The amendments to Rule 3 also alter the time limit for bringing appeals. Where a party is appealing from a judgment of an employment tribunal, the appeal must be made within 42 days of the date on which they were sent the written reasons for the judgment. If there are no written reasons the 42 day time limit starts from the date that the written record of the judgment was sent to the parties. In the case of orders, parties must appeal within 42 days of the date when the order was made. The amendments to Rule 3 also change the provisions relating to disposal of meritless appeals. A judge or the Registrar can now decide whether any further action will be taken on a ground of appeal or cross-appeal. If the appellant or respondent (in the case of a cross-appeal) is dissatisfied with the original decision of the judge or Registrar he is entitled to have the matter heard before a judge.

The rules relating to costs and expenses have also been amended. Rule 34 has been amended and now gives examples of what kinds of costs and expenses can be awarded. A new rule 34C which allows for costs to be made against representatives in circumstances where the fault lies with them, rather than with their clients has been inserted into the 1993 Rules. The Rules contain a transitional provision at rule 24 to the effect that in proceedings commenced prior to 1 October 2004, rule 34C regarding the personal liability of representatives for costs shall not apply.

Provision is made for appeals from declarations or orders of the Central Arbitration Committee (“CAC”) under the European Public Limited-Liability Company Regulations 2004. Provision is also made for applications for a penalty notice under regulation 33(6) of the 2004 Regulations.

A full Regulatory Impact Assessment in respect of these Rules has not been prepared since there will be no impact on the costs of business arising out of these Rules.