Statutory Instruments
2026 No. 1077
EMPLOYMENT TRIBUNALS
The Employment Appeal Tribunal (Amendment) (No. 2) Rules 2026
Made
12th October 2026
Laid before Parliament
13th October 2026
Coming into force
3rd November 2026
The Lord Chancellor makes these Rules in exercise of the powers conferred by section 30(1) and (2) of the Employment Tribunals Act 1996(1).
The Lord Chancellor has consulted the Lord President of the Court of Session in accordance with section 30(1) of that Act before making these Rules.
Citation, commencement and extent
1.—(1) These Rules may be cited as the Employment Appeal Tribunal (Amendment) (No. 2) Rules 2026 and come into force on the 21st day after the day on which they are laid before Parliament.
(2) These Rules extend to England and Wales and Scotland.
Amendments to the Employment Appeal Tribunal Rules 1993
2.—(1) The Employment Appeal Tribunal Rules 1993(2) are amended as follows.
(2) In rule 3 (institution of appeal)—
(a)in paragraph (1)(d)—
(i)after “pursuant to” insert “section 70ZM(1) or (2) of the 1992 Act or”;
(ii)before “declaration”, in both places it occurs, insert “determination,”;
(b)in paragraph (3)(d)—
(i)before “declaration”, in both places it occurs, insert “determination,”;
(ii)after “the CAC under” insert “section 70ZM(1) or (2) of the 1992 Act or”.
(3) In rule 4(1)(e) (service of notice of appeal), after “the CAC under” insert “section 70ZM(1) or (2) of the 1992 Act or”.
(4) In rule 5(c) (respondents to appeals)—
(a)after “pursuant to” insert “section 70ZM(1) or (2) of the 1992 Act or”;
(b)after “from a” insert “determination,”.
(5) In rule 6(2) (respondent’s answer and notice of cross-appeal), after “decision,” insert “determination,”.
(6) In rule 7(1)(e) (disposal of appeal)—
(a)after “from a” insert “determination,”;
(b)after “the CAC under” insert “section 70ZM(1) or (2) of the 1992 Act or”.
(7) In rule 31(d) (drawing up, reasons for, and enforcement of orders), after “made under” insert “section 70ZM(1) or (2) of the 1992 Act or”.
(8) In the Schedule, in Form 1A—
(a)in the heading, after “pursuant to” insert “section 70ZM(1) or (2) of the Trade Union and Labour Relations (Consolidation) Act 1992,”;
(b)in paragraph 3, after “decision,” insert “determination,”;
(c)in paragraph 5, after “decision,” insert “determination,”;
(d)in paragraph 6, after “law” insert “or erred in making the order under section 70ZI(5)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992”.
Signed by authority of the Lord Chancellor
Sarah Sackman
Minister of State
Ministry of Justice
12th October 2026
1996 c. 17; section 30 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8), paragraph 5 of Schedule 8 to the Employment Relations Act 1999 (c. 26), paragraph 26 of Schedule 1 to the Employment Relations Act 2004 (c. 24), paragraph 48 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), paragraph 13 of Schedule 14 to the Crime and Courts Act 2013 (c. 22), section 12(3) of the Enterprise and Regulatory Reform Act 2013 (c. 24) and S.I. 1999/3323. Section 30 is to be substituted by section 34(3) of the Judicial Review and Courts Act 2022 (c. 35), which is not yet in force.