Employment Tribunals Act 1996, section 22

Membership of Appeal Tribunal

Part II The Employment Appeal Tribunal

(1)The Appeal Tribunal shall consist of—

(a)F277such number of judges as may be nominated from time to time [F276by the Lord Chief Justice, after consulting the Lord Chancellor,F276] from the judges . . . of the High Court and the Court of Appeal [F278 and the judges within subsection (2A) F278] ,

(b)at least one judge of the Court of Session nominated from time to time by the Lord President of the Court of Session, and

(c) such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State (“appointed members").

(2)The appointed members shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations either—

(a)as representatives of employers, or

(b)M17as representatives of workers (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992).

[F279 (2A)A person is a judge within this subsection if the person—

(a)is the Senior President of Tribunals,

(b)is a deputy judge of the High Court,

(c)is the Judge Advocate General,

(d)is a Circuit judge,

(e)is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(f)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(g)is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(h)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(i)is a district judge, which here does not include a deputy district judge, F280...

(j)is a District Judge (Magistrates' Courts), which here does not include a Deputy District Judge (Magistrates' Courts).F279]

[F281 (k)is the President of Employment Tribunals (England and Wales), or

(l)is the President of Employment Tribunals (Scotland).F281]

(3)The [F282Lord Chief Justice shallF282] appoint one of the judges nominated under subsection (1) to be the President of the Appeal Tribunal.

[F283 (3A)The Lord Chief Justice must not make an appointment under subsection (3) unless—

(a)he has consulted the Lord Chancellor, and

(b)the Lord President of the Court of Session agrees.F283]

(4)No judge shall be nominated a member of the Appeal Tribunal[F284 under subsection (1)(b) F284] except with his consent.

[F285 (5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(6)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).F285]

Definitions used in section 22 5

the Appeal Tribunal

“the Appeal Tribunal” means the Employment Appeal Tribunal,

Defined in s.42(1) · see it in the full Act
appointed member

“appointed member” shall be construed in accordance with section 22(1)(c),

Defined in s.42(1) · see it in the full Act
representative

“representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2) ,

Defined in s.42(1) · see it in the full Act
employer

“employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed,

Defined in s.42(1) · see it in the full Act
employment

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act

Cases considering section 22 4

Lawal v Northern Spirit Ltd

[2002] EWCA Civ 1218 · 30 October 2002Defines

The dissent used section 22 to describe the statutory constitution of the Employment Appeal Tribunal and the participation of appointed lay members. (see Employment Appeal Tribunal; Conclusions) The dissent treated appointed members under section 22(1)(c) as full members of the tribunal rather than advisers or assessors when considering the effect of prior judicial association. (see Employment Appeal Tribunal; Conclusions) The dissent noted that appointed members must have special knowledge or experience of industrial relations. That qualification formed part of the analysis of their role and relationship with the legally qualified judge. (see Employment Appeal Tribunal)

Lawal v Northern Spirit Ltd

[2002] EWCA Civ 327 · 9 August 2002Defines

Section 22 establishes the composition of the Employment Appeal Tribunal through judges and appointed members. Its structure was material to assessing the relationship between legally qualified judges and lay members (see Employment Appeal Tribunal). Section 22(1)(c) provides for appointed members of the EAT. The court considered their statutory status as full tribunal members rather than advisers or assessors (see Employment Appeal Tribunal). Section 22(2) requires appointed members to have special knowledge or experience of industrial relations. That qualification formed part of the court’s assessment of their independence and ability to distinguish judicial and advocacy roles (see Employment Appeal Tribunal; Conclusions).

Lawal (Appellant) v. Northern Spirit Limited

[2003] UKHL 35 · 19 June 2003Defines

The provision was used to describe the ordinary composition of the Employment Appeal Tribunal, including employer and employee lay members. That composition formed part of the context for assessing subconscious bias (see para [13]).

What each judgment says about section 22 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F277Words in s. 22(1)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 246(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1
  2. F276Words in s. 22(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1
  3. F278Words in s. 22(1)(a) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 11(2); S.I. 2013/2200, art. 3(g)
  4. F279S. 22(2A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 11(3); S.I. 2013/2200, art. 3(g)
  5. F280Word in s. 22(2A)(i) omitted (20.2.2019) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 1(5)(a), 4(2)
  6. F281S. 22(2A)(k)(l) inserted (20.2.2019) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 1(5)(b), 4(2)
  7. F282Words in s. 22(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(3); S.I. 2006/1014, art. 2(a), Sch. 1
  8. F283S. 22(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(4); S.I. 2006/1014, art. 2(a), Sch. 1
  9. F284Words in s. 22(4) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 11(4); S.I. 2013/2200, art. 3(g)
  10. F285S. 22(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(5); S.I. 2006/1014, art. 2(a), Sch. 1

Marginal citations

  1. M171992 c. 52.