Part 1

Union recognition

Appeals against demands for costs
14
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If a person has appealed under this paragraph against a demand and the appeal has not been withdrawn or finally determined, the demand—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is not enforceable until the appeal has been withdrawn or finally determined, but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.
S. 14 in force at 6.4.2005 by S.I. 2005/872, art. 4, Sch. (with art. 10)