Part II The Employment Appeal Tribunal

Membership etc.

28 Composition of Appeal Tribunal.

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 F3chairman-alone question shall be heard by a judge alone unless a judge directs that the proceedings shall be heard in accordance with subsections (2) and (3).

F24A

In subsection (4) “chairman-alone question” means—

a

a question arising from any decision of an employment tribunal that is a decision of—

i

the person mentioned in section 4(1)(a) acting alone, or

ii

any Employment Judge acting alone, or

b

a question arising in any proceedings before an employment tribunal that are proceedings before—

i

the person mentioned in section 4(1)(a) alone, or

ii

any Employment Judge alone.

F15

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