The Employment Appeal Tribunal (Amendment) Rules 2004

Amendment of rules

7.—(1) In rule 6—

(a) in sub-paragraph (2) before “decision” insert “judgment,”;

(b) in sub-paragraphs (6), (7), (8) and (9), for the words “a national security appeal” substitute “an appeal from the employment tribunal in relation to national security proceedings”; and

(c) in sub-paragraphs (7), (8) and (9) for “applicant”, on each occasion on which that word occurs, substitute “claimant”.

(2) After rule 6(11) insert—

“(12) Where it appears to a judge or the Registrar that a statement of grounds of cross-appeal contained in respondent’s answer or document provided under paragraph (7) or (8)—

(a) discloses no reasonable grounds for bringing the cross-appeal; or

(b) is an abuse of the Appeal Tribunal’s process or is otherwise likely to obstruct the just disposal of proceedings,

he shall notify the appellant or special advocate accordingly informing him of the reasons for his opinion and, subject to paragraphs (14) and (16), no further action shall be taken on the statement of grounds of cross-appeal.

(13) In paragraphs (12) and (16) reference to a statement of grounds of cross-appeal includes reference to part of a statement of grounds of cross-appeal.

(14) Where notification has been given under paragraph (12), the respondent or special advocate, as the case may be, may serve a fresh statement of grounds of cross-appeal before the time appointed under paragraph (1) or within 28 days from the date on which the notification given under paragraph (12) was sent to him, whichever is the longer.

(15) Where the respondent or special advocate serves a fresh statement of grounds of cross-appeal, a judge or the Registrar shall consider such statement with regard to jurisdiction as though it was contained in the original Respondent’s answer or document provided under (7) or (8).

(16) Where notification has been given under paragraph (12) and within 28 days of the date the notification was sent, a respondent or special advocate expresses dissatisfaction in writing with the reasons given by the judge or Registrar for his opinion, he is entitled to have the matter heard before a judge who shall make a direction as to whether any further action should be taken on the statement of grounds of cross-appeal.”.