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Employment Tribunals Act 1996
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Version Superseded: 16/07/2001
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Employment Tribunals Act 1996, Section 28 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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28 Composition of Appeal Tribunal.E+W+S
(1)The Appeal Tribunal may sit, in accordance with directions given by the President of the Appeal Tribunal, either as a single tribunal or in two or more divisions concurrently.
(2)Subject to subsections (3) to (5), proceedings before the Appeal Tribunal shall be heard by a judge and either two or four appointed members, so that in either case there is an equal number—
(a)of persons whose knowledge or experience of industrial relations is as representatives of employers, and
(b)of persons whose knowledge or experience of industrial relations is as representatives of workers.
(3)With the consent of the parties, proceedings before the Appeal Tribunal may be heard by a judge and one appointed member or by a judge and three appointed members.
(4)Proceedings on an appeal on a question arising from any decision of, or arising in any proceedings before, an [F1employment tribunal] consisting of the person mentioned in section 4(1)(a) alone shall be heard by a judge alone unless a judge directs that the proceedings shall be heard in accordance with subsections (2) and (3).
(5)Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security, the proceedings shall be heard by the President of the Appeal Tribunal alone.
Textual Amendments
F1Words in s. 28(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
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