The Employment Appeal Tribunal (Amendment) Rules 2001

Amendment of rules

3.  For rule 3, substitute—

“Institution of Appeal

3.— (1) Every appeal to the Appeal Tribunal shall, subject to paragraphs (2) and (4), be instituted by serving on the Tribunal the following documents—

(a) a notice of appeal in, or substantially in, accordance with Form 1, 1A or 2 in the Schedule to these rules;

(b) a copy of the decision or order of an employment tribunal or of the Certification Officer which is the subject of the appeal;

(c) in the case of an appeal from an employment tribunal, a copy of the extended written reasons for the decision or order of that tribunal; and

(d) in the case of an appeal made pursuant to regulation 38(8) of the 1999 Regulations from a declaration or order of the CAC, a copy of that declaration or order.

(2) The appellant shall not be required by virtue of paragraph (1)(c) to serve on the Appeal Tribunal a copy of the extended written reasons for the decision or order of the employment tribunal in a national security appeal in relation to which—

(a) the appellant was the applicant in the proceedings before the employment tribunal; and

(b) the extended written reasons were not sent to the appellant,

but if the appellant received a document containing some of the reasons for the employment tribunal’s decision or order, he shall serve on the Appeal Tribunal a copy of that document.

(3) The period within which an appeal to the Appeal Tribunal may be instituted is—

(a) 42 days from the date on which extended written reasons for the decision or order of the employment tribunal were sent to the appellant;

(b) in the case of a national security appeal in relation to which the appellant was the applicant in the proceedings before the employment tribunal, 42 days from the date on which the document containing some of the reasons for the decision or order was sent to the appellant, or if no reasons were disclosed to the appellant, 42 days from the date on which a copy of the decision or order was sent to the appellant;

(c) in the case of an appeal from a decision of the Certification Officer, 42 days from the date on which the written record of that decision was sent to the appellant;

(d) in the case of an appeal from a declaration or order of the CAC under regulation 38(8) of the 1999 Regulations, 42 days from the date on which the written notification of that declaration or order was sent to the appellant.

(4) In the case of a national security appeal, the appellant shall not set out the grounds of appeal in his notice of appeal and shall not append to his notice of appeal the extended written reasons for the decision or order of the tribunal.

(5) In a national security appeal in relation to which the appellant was the respondent in the proceedings before the employment tribunal, the appellant shall, within the period described in paragraph (3)(a), provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought.

(6) In a national security appeal in relation to which the appellant was the applicant in the proceedings before the employment tribunal—

(a) the appellant may, within the period described in paragraph (3)(b), provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought; and

(b) a special advocate appointed in respect of the appellant may, within the period described in paragraph 3(b), or within 21 days of his appointment, whichever is later, provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought or providing supplementary grounds of appeal.

(7) Where it appears to the Registrar that the grounds of appeal stated in the notice of appeal, or in the document provided under paragraph (5) or (6), do not give the Appeal Tribunal jurisdiction to entertain the appeal, he shall notify the appellant or the special advocate accordingly informing him of the reasons for the opinion and, subject to paragraphs (8) and (10), no further action shall be taken on the appeal.

(8) Where notification has been given under paragraph (7), the appellant or the special advocate, as the case may be, may serve a fresh notice of appeal, or a fresh document under paragraph (5) or (6), within the time remaining under paragraph (3) or (6) or within 28 days from the date on which the Registrar’s notification was sent to him, whichever is the longer period.

(9) Where the appellant or the special advocate serves a fresh notice of appeal or a fresh document under paragraph (8), the Registrar shall consider such fresh notice of appeal or document with regard to jurisdiction as though it were an original notice of appeal lodged pursuant to paragraphs (1) and (3), or as though it were an original document provided pursuant to paragraph (5) or (6), as the case may be.

(10) Where an appellant or a special advocate expresses dissatisfaction in writing with the reasons given by the Registrar, under paragraph (7), for his opinion that the grounds of appeal stated in a notice, or provided in a document under paragraph (5) or (6), do not give the Appeal Tribunal jurisdiction to entertain the appeal, the Registrar shall place the papers before the President or a judge for his direction as to whether any further action should be taken on the appeal.”.