Citation, commencement and interpretation

1. —(1) These Rules may be cited as the EmploymentAppeal Tribunal (Amendment) Rules 2013 and shall come into force on 29th July 2013.

(2) In these Rules, any reference to a rule or to the Schedule is a reference to a rule in, or to the Schedule to, the EmploymentAppeal Tribunal Rules 1993( 2 ).

Amendments to the Employment Appeal Tribunal Rules 1993

2. In rule 2, in the definition of “national security proceedings”( 3 ), for “regulation 2 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004”, substitute “regulation 3 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013”.

3. In rule 3( 4 )—

(a) in paragraph (7), for “paragraphs (8) and (10)”, substitute “paragraph (10)”;

(b) after paragraph (7), insert—

“ (7ZA) Where a judge or the Registrar has taken a decision under paragraph (7), and also considers that the notice of appeal or document provided under paragraph (5) or (6) is totally without merit, the judge or Registrar may order that the appellant or special advocate is not entitled to have the matter heard before a judge under paragraph (10), with such order to be included as part of the notice issued under paragraph (7). ” ;

(c) in paragraph (7A), after “paragraph (7)”, insert “, (7ZA)”;

(d) omit paragraphs (8) and (9);

(e) in paragraph (10), for “Where”, substitute “Subject to paragraph (7ZA), where”.

4. In rule 6( 5 )—

(a) in paragraph (12)—

(i) before “respondent’s”, insert “the”;

(ii) for “appellant”, substitute “respondent”;

(iii) for “paragraphs (14) and (16)”, substitute “paragraph (16)”;

(b) after paragraph (12), insert—

“ (12A) Where a judge or the Registrar has taken a decision under paragraph (12), and also considers that the statement of grounds of cross-appeal contained in the respondent’s answer or document provided under paragraph (7) or (8) is totally without merit, the judge or Registrar may order that the respondent is not entitled to have the matter heard before a judge under paragraph (16), with such order to be included as part of the notice issued under paragraph (12). ” ;

(c) in paragraph (13), after “paragraph (12)”, insert “, (12A)”;

(d) omit paragraphs (14) and (15);

(e) in paragraph (16), for “Where”, substitute “Subject to paragraph (12A), where”.

5. After rule 17 insert—

“ Non-payment of fee

17A. —(1) The Registrar must strike out an appeal, and must notify each party that the appeal has been struck out, where—

(a) upon receipt of a notice of appeal, or following a direction by the Appeal Tribunal that a matter proceed to an oral hearing, the Lord Chancellor has issued a notice to an appellant specifying that a fee is payable; and

(b) the appellant has not paid the fee or presented a remission application on or before the date specified in that notice.

(2) Where an appeal has been struck out under paragraph (1), the appeal may be reinstated by the Registrar if—

(a) the appellant applies to have the appeal reinstated; and

(b) the fee specified in the Lord Chancellor’s notice has been paid or a remission application has been presented and accepted.

(3) The Registrar must strike out an appeal, and must notify each party that the appeal has been struck out, where—

(a) after consideration of a remission application the Lord Chancellor has issued a notice to an appellant specifying that a fee is payable; and

(b) the appellant has not paid the fee on or before the date specified in that notice.

(4) Where an appeal has been struck out under paragraph (3) the appeal may be reinstated by the Registrar if—

(a) the appellant applies to have the appeal reinstated; and

(b) the fee specified in the Lord Chancellor’s notice has been paid.

(5) An application for reinstatement under paragraph (2) or (4) is deemed to be an interim application for the purposes of rule 20. ”

6. —(1) Rule 26( 6 ) is to be renumbered as paragraph (1) of that rule.

(2) After paragraph (1) as so renumbered, insert—

“ (2) An order made by the Appeal Tribunal under paragraph (1) may include, but is not limited to, an order that all or part of an appeal or answer is to be struck out.

(3) An appeal or answer, or part of an appeal or answer, may not be struck out unless the party in question has been given a reasonable opportunity to make representations, either in writing, or if requested by the party, at a hearing. ”

7. In rule 34A( 7 )—

(a) after paragraph (2), insert—

“ (2A) If the Appeal Tribunal allows an appeal, in full or in part, it may make a costs order against the respondent specifying the respondent pay to the appellant an amount no greater than any fee paid by the appellant under a notice issued by the Lord Chancellor. ” ;

(b) in paragraph (3), after “(2)”, insert “or (2A)”.

8. In rule 34C(4)( 8 ), omit the words following “or any employee of such representative”.

9. In the Schedule, in Form 1( 9 ), after “ Date: ” insert—

“ Once you have submitted an appeal you will be asked to pay a fee or you can apply for a fee remission. If you fail to do so on or before the date such fee is due, your appeal will be struck out. ”