Part II E+W+S The Employment Appeal Tribunal

Decisions and further appeals E+W+S

[F1 37ZAAppeals to Supreme Court: grant of certificate by Appeal Tribunal E+W+S

(1) If the Appeal Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal Tribunal's decision or order in any proceedings, and

(b) as regards that decision or order, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 37ZB,

the Appeal Tribunal may grant a certificate to that effect.

(2) The Appeal Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.

(3) The Appeal Tribunal may not grant a certificate under this section in the case of proceedings in Scotland.

(4) The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that point of law is—

(a) a point of law that—

(i) relates wholly or mainly to the construction of an enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully considered in the judgment of the Appeal Tribunal in the proceedings, or

(b) a point of law—

(i) in respect of which the Appeal Tribunal is bound by a decision of the Court of Appeal or the Supreme Court in previous proceedings, and

(ii) that was fully considered in the judgments given by the Court of Appeal or, as the case may be, the Supreme Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that—

(a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Appeal Tribunal, a hearing by the Supreme Court is justified, or

(c) the Appeal Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.

(6) No appeal lies against the grant or refusal of a certificate under subsection (1).]

Textual Amendments

F1 Ss. 37ZA-37ZC inserted (8.8.2016) by Criminal Justice and Courts Act 2015 (c. 2), ss. 65, 95(1); S.I. 2016/717, art. 3(b) (with art. 5)