Employment Protection (Consolidation) Act 1978

135 Employment Appeal Tribunal. E+W+S

(1) The Employment Appeal Tribunal established under section 87 of the M1 Employment Protection Act 1975 shall continue in existence by that name F1

(2) The Employment Appeal Tribunal (in this Act referred to as “the Appeal Tribunal”) shall consist of—

(a) such number of judges as may be nominated from time to time by the Lord Chancellor from among the judges (other than the Lord Chancellor) of the High Court and the Court of Appeal;

(b) at least one judge of the Court of Session nominated from time to time by the Lord President of that Court; and

(c) such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State.

(3) The members of the Appeal Tribunal appointed under subsection (2)(c) shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations, either as representatives of employers or as representatives of workers (within the meaning of [F2 the Trade Union and Labour Relations (Consolidation) Act 1992]).

(4) The Lord Chancellor shall, after consultation with the Lord President of the Court of Session, appoint one of the judges nominated under subsection (2) to be President of the Appeal Tribunal.

(5) No judge shall be nominated a member of the Appeal Tribunal except with his consent.

(6) The provisions of Schedule 11 shall have effect with respect to the Appeal Tribunal and proceedings before the Tribunal.

Textual Amendments

F1 Words repealed by Employment Act 1980 (c. 42, SIF 43:5), Sch. 2

F2 Words in s. 135(3) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para.20.

Marginal Citations

M1 1975 c. 71.