http://www.legislation.gov.uk/ukpga/1996/17/section/22Employment Tribunals Act 1996An Act to consolidate enactments relating to employment tribunals and the Employment Appeal Tribunal.1996-05-22texttext/xmlenStatute Law Database2026-09-30Expert Participation2026-10-01 Part II The Employment Appeal Tribunal Membership <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> Membership of Appeal Tribunal.221The Appeal Tribunal shall consist of—asuch number of judges as may be nominated from time to time by the Lord Chief Justice, after consulting the Lord Chancellor, from the judges . . . of the High Court and the Court of Appeal and the judges within subsection (2A) ,bat least one judge of the Court of Session nominated from time to time by the Lord President of the Court of Session, andcsuch number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State (“appointed members").2The appointed members shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations either—aas representatives of employers, orbas representatives of workers (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992).2AA person is a judge within this subsection if the person—ais the Senior President of Tribunals,bis a deputy judge of the High Court,cis the Judge Advocate General,dis a Circuit judge,eis a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,fis a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,gis a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),his a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),iis a district judge, which here does not include a deputy district judge, ...jis a District Judge (Magistrates' Courts), which here does not include a Deputy District Judge (Magistrates' Courts).kis the President of Employment Tribunals (England and Wales), orlis the President of Employment Tribunals (Scotland).3The Lord Chief Justice shall appoint one of the judges nominated under subsection (1) to be the President of the Appeal Tribunal.3AThe Lord Chief Justice must not make an appointment under subsection (3) unless—ahe has consulted the Lord Chancellor, andbthe Lord President of the Court of Session agrees.4No judge shall be nominated a member of the Appeal Tribunal under subsection (1)(b) except with his consent.5The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.6The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).Words in s. 22(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1Words in s. 22(1)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 246(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 11992 c. 52. Words in s. 22(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(3); S.I. 2006/1014, art. 2(a), Sch. 1S. 22(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(4); S.I. 2006/1014, art. 2(a), Sch. 1S. 22(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(5); S.I. 2006/1014, art. 2(a), Sch. 1S. 22(2A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 11(3); S.I. 2013/2200, art. 3(g)Words in s. 22(1)(a) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 11(2); S.I. 2013/2200, art. 3(g)Words in s. 22(4) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 11(4); S.I. 2013/2200, art. 3(g)S. 22(2A)(k)(l) inserted (20.2.2019) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 1(5)(b), 4(2)Word in s. 22(2A)(i) omitted (20.2.2019) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 1(5)(a), 4(2)