The Employment Appeal Tribunal Rules 1993

Institution of appeal

3.—(1) Every appeal to the Appeal Tribunal shall be instituted by serving on the Tribunal the following documents:—

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

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

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

(2) The period within which an appeal to the Appeal Tribunal may be instituted is 42 days from the date on which extended written reasons for the decision or order of the industrial tribunal were sent to the appellant, or, 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 so sent.

(3) Where it appears to the Registrar that the grounds of appeal stated in the notice of appeal do not give the Appeal Tribunal jurisdiction to entertain the appeal, he shall notify the appellant accordingly informing him of the reasons for the opinion and, subject to paragraphs (4) and (6) of this rule, no further action shall be taken on the appeal.

(4) Where notification has been given under paragraph (3) of this rule, the appellant may serve a fresh notice of appeal within the time remaining under paragraph (2) or within 28 days from the date on which the Registrar’s notification was sent to him, whichever is the longer period.

(5) Where the appellant serves a fresh notice of appeal under paragraph (4) of this rule the Registrar shall consider such fresh notice of appeal with regard to jurisdiction as though it were an original notice of appeal lodged pursuant to paragraphs (1) and (2) of this rule.

(6) Where an appellant expresses dissatisfaction in writing with the reasons given by the Registrar, under paragraph (3) of this rule, for his opinion that the grounds of appeal stated in a notice 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.