Practice Direction (Employment Appeal Tribunal—Procedure) 2018

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Practice Direction (Employment Appeal Tribunal—Procedure) 2018
  • 2 Basis of Appeal
  • 3 Institution of Appeal: What should be in a Notice of Appeal
  • 4 Time for Instituting Appeals
  • 5 Interim Appeals
  • 6 The Right to Inspect Certain Documents and to Take Copies
  • 7 Papers for use at the Hearing
  • 8 Evidence Before the Employment Tribunal
  • 9 Fresh Evidence and New Points of Law
  • 10 The Sift of Appeals: Case Tracks and Directions
  • More...

Practice Direction (Employment Appeal Tribunal—Procedure) 2018

This Practice Note sets out the full text of the Practice Direction (Employment Appeal Tribunal—Procedure) 2018 which came into force on 19 December 2018.

Note that paragraph 10.22.4 (see: 10 The Sift of Appeals: Case Tracks and Directions) refers to cases in which a reference to the European Court of Justice (ECJ or CJEU) is sought. After IP completion day (11pm on 31 December 2020), UK courts and tribunals are not permitted to refer new cases to the CJEU. Transitional provisions in the Withdrawal Agreement provided for the CJEU to have continuing jurisdiction on requests from UK courts and tribunals made before IP completion day.

  1. 1.1

    This Practice Direction (“PD”) supersedes all previous Practice Directions. It comes into force on Wednesday 19 December 2018.

  1. 1.2

    The following statutory provisions apply to the way appeals are handled at the Employment Appeal Tribunal (“the EAT”), whenever those appeals were begun:

    1. (a)

      Employment Tribunals Act 1996 (as amended) ("ETA 1996”);

    2. (b)

      Employment Appeal Tribunal Rules 1993 (SI 1993/2854) (as amended) (“the Rules”).

  2. 1.3

    Where the Rules do not otherwise provide, the following procedure will apply to all appeals to the EAT.

  3. 1.4

    By s 30(3) of the ETA 1996 the Employment Appeal Tribunal (“the EAT”) has power, subject to the Rules, to regulate its own procedure. In so doing, the EAT regards itself

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