The Employment Appeal Tribunal (Amendment) Rules 2013

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Employment Appeal Tribunal Rules 1993 (“the 1993 Rules”). The main changes are as follows.

Rules 3 and 6 of the 1993 Rules are amended to remove a party’s right to an extension of time to provide a fresh notice of appeal (or cross-appeal) where the judge or registrar has decided that the original notice or cross-appeal disclosed no reasonable grounds or amounted to an abuse of Appeal Tribunal process. It also removes a party’s right to have the decision reviewed at a hearing where the notice or cross-appeal is considered to be totally without merit.

A new rule 17A is inserted into the 1993 Rules. It introduces a procedure for striking out an appeal on the grounds of non-payment, or failure to seek remission, of a fee payable in respect of the Appeal Tribunal proceedings. It also provides for an application to the registrar to reinstate the proceedings and an appeal from the registrar’s reinstatement decision.

Rule 26 of the 1993 Rules is amended to clarify the power of the Appeal Tribunal to strike out an appeal or answer where a party has failed to comply with an order or direction of the Appeal Tribunal. A party must be allowed to make representations as to why the appeal or answer should not be struck out.

Rule 34A of the 1993 Rules is amended to add to the circumstances in which the Appeal Tribunal may award costs against an unsuccessful party. It provides for the reimbursement of any fee paid by the successful party in the Appeal Tribunal proceedings.

Rule 34C(4) of the 1993 Rules is amended to remove the exception which prevents a wasted costs order being made against an unpaid representative.

A full regulatory impact assessment has not been produced for this instrument as there will be negligible impact on the costs of business and the voluntary sector arising out of these Rules themselves. An impact assessment was undertaken on the effect of the introduction of fees in the employment tribunals and Appeal Tribunal and was attached to the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 Explanatory Memorandum, published at: www.legislation.gov.uk.