Employment Protection (Consolidation) Act 1978

136 Appeals to Tribunal from industrial tribunals and Certification Officer. E+W+S

(1) An appeal shall lie to the Appeal Tribunal on a question of law arising from any decision of, or arising in any proceedings before, an industrial tribunal under, or by virtue of, the following Acts—

(a) the M1 Equal Pay Act 1970;

(b) the M2 Sex Discrimination Act 1975;

(c) the M3 Employment Protection Act 1975;

(d) the M4 Race Relations Act 1976;

(e) this Act.

[F1 (f) the Wages Act 1986.]

[F2 (g) the Employment Act 1990.]

(2) The Appeal Tribunal shall hear appeals on questions of law arising in any proceedings before, or arising from any decision of, the Certification Officer under the following enactments—

(a) sections 3, 4 and 5 of the M5 Trade Union Act 1913;

(b) section 4 of the M6 Trade Union (Amalgamations, etc.) Act 1964.

(3) The Appeal Tribunal shall hear appeals on questions of fact or law arising in any proceedings before, or arising from any decision of, the Certification Officer under the following enactments—

(a) section 8 of the Trade Union and Labour Relations Act 1974;

(b) section 8 of the Employment Protection Act 1975.

(4) Without prejudice to section 13 of the M7 Administration of Justice Act 1960 (appeal in case of contempt of court), an appeal shall lie on any question of law from any decision or order of the Appeal Tribunal with the leave of the Tribunal or of the Court of Appeal or, as the case may be, the Court of Session,—

(a) in the case of proceedings in England and Wales, to the Court of Appeal;

(b) in the case of proceedings in Scotland, to the Court of Session.

(5) No appeal shall lie except to the Appeal Tribunal from any decision of an industrial tribunal under the Acts listed in subsection (1) [F3 or under section 2, 4 or 5 of the M8 Employment Act 1980][F4 or section 4 or 5 of the Employment Act 1988] or from any decision under the enactments listed in subsections (2) and (3) of the Certification Officer appointed under section 7 of the M9 Employment Protection Act 1975.

Textual Amendments

F1 S. 136(1)(f) inserted by Wages Act 1986 (c. 48, SIF 43:2), s. 32(1), Sch. 4 para. 10

F2 S. 136(1)(g) inserted by Employment Act 1990 (c. 38, SIF 43:5), s. 3(5), Sch. 1 paras. 1, 8 (with application in relation to a complaint under ss. 1 or 2 of that 1990 Act)

F3 Words inserted by Employment Act 1980 (c. 42 SIF 43:5), Sch. 1 para. 19

F4 Words inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 33(1), Sch. 3 para. 2(4)

Marginal Citations

M1 1970 c. 41.

M2 1975 c. 65.

M3 1975 c. 71.

M4 1976 c. 74.

M5 1913 c. 30 (2 & 3 Geo. 5).

M6 1964 c. 24.

M7 1960 c. 65.

M8 1980 c. 42.

M9 1975 c. 71.