Employment Appeal Tribunal


Employment Appeal Tribunal

The Employment Appeal Tribunal is a tribunal Non-Departmental Public Body in England and Wales and Scotland, and is a superior court of record. [Industrial Tribunals Act 1996, [http://www.opsi.gov.uk/acts/acts1996/ukpga_19960017_en_4#pt2-pb1-l1g20 s.20] ] Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues.

The Tribunal may sit anywhere in Great Britain, although it is required to have an office in London. [Industrial Tribunals Act 1996, [http://www.opsi.gov.uk/acts/acts1996/ukpga_19960017_en_4#pt2-pb1-l1g20 s.20(2)] ] It is part of the UK tribunals system, under the administration of the Tribunals Service. On 1 November 2007, the Tribunal came under the supervision of the Administrative Justice and Tribunals Council. [Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007, [http://www.opsi.gov.uk/si/si2007/uksi_20072951_en_1 SI 2007/2951] ] Although it is a superior court of record, the Tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. [" [http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKEAT/2002/157_01_0702.html Whittaker v. P & D Watson (t/a P and M Watson Haulage)] " [2002] ICR 1244]

Membership

There are two classes of members of the Tribunal:
*Nominated members, who are appointed from English and Welsh Circuit Judges, Judges of the High Court and the Court of Appeal as well as at least one Judge from the Court of Session. [Industrial Tribunals Act 1996, [http://www.opsi.gov.uk/acts/acts1996/ukpga_19960017_en_4#pt2-pb1-l1g22 s.22(1)] ]
*Appointed members, who must have special knowledge or experience of industrial relations, appointed either as representatives of:
**Employers; or
**Workers.

Members are nominated or appointed by the Lord Chancellor. One of the nominated members is selected as President. As of 2008, the post is held byMr Justice Elias.

Procedure

The Tribunal is governed by the Employment Appeal Tribunal Rules 1993, [ cite web | title=Employment Appeal Procedure Rules | url=http://www.employmentappeals.gov.uk/publications/documents/rules.pdf | publisher=Tribunals Service | year=2005 | accessdate=2008-03-21 ] as amended in 1996, 2001, 2004 and 2005, and further by its Practice Direction. [ cite web | url=http://www.employmentappeals.gov.uk/practice_direction/practice_direction.htm | title=Practice Direction | year=2004 | accessdate=2008-03-21 | publisher=Tribunals Service ] Parties are expected to understand and apply these rules.

Jurisdiction

The "'Tribunal" only has jurisdiction to consider appeals on questions of law. Appeals on questions of fact are only allowed in exceptional circumstances, on the ground that a tribunal decision was so perverse or defective that no reasonable tribunal could have arrived at that decision. A pervesity appeal will only succeed if the party overwhelmingly demonstrates that Employment Tribunal's decision was one which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached. [" [http://www.bailii.org/ew/cases/EWCA/Civ/2002/794.html Yeboah v. Crofton CA] " [2002] EWCA Civ 794]

Appeals from the Employment Appeals Tribunal

A party dissatisfied with a decision of the Employment Appeal Tribunal may apply to the Tribunal requesting a review of its own decision. The Tribunal may also review its decision of its own motion. Decisions can be reviewed where an error is relatively minor, for example a clerical error. Where a party believes the Tribunal has misapplied the law or acted perversely, the review process is inappropriate and the party must appeal to the Court of Appeal of England and Wales or Court of Session (Scotland).

Parties are expected to comply with strictly enforced time limits when applying for a review or appeal.

History

The Employment Appeal Tribunal was created in 1975 [Employment Protection Act 1975, s.87] as a successor to the National Industrial Relations Court, which had been abolished in 1974.

External links

* cite web | url=http://www.employmentappeals.gov.uk/ | title=Employment Appeal Tribunal | pubisher=Tribunals Service | year=2007 | accessdate=2008-03-21

References


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