Employment Tribunals Act 1996 s.24 – Temporary additional judicial membership

[^F289 (1)This section applies if both of the following conditions are met—

(a)the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal;

(b)the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

(1A)The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a).

(1B)An appointment under this section is—

(a)for such period, or

(b)on such occasions,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.^F289]

(2) In [^F290 this section ^F290] “qualified person” means a person who—

(a)^M18^,^F291is qualified for appointment as a judge of the High Court under section 10 of the Supreme Court Act 1981,...

^F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person appointed to be a temporary additional judge of the Appeal Tribunal has all the functions of a judge nominated under section 22(1)(a).

[^F292 (4)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.^F292]

Definitions used in section 24 1

the Appeal Tribunal: “the Appeal Tribunal” means the Employment Appeal Tribunal,
Defined in s.42(1) · see it in the full Act

Cases considering section 24 3

Lawal (Appellant) v. Northern Spirit Limited

[2003] UKHL 35 · 19 June 2003

The Committee identified this provision as the statutory authority under which Queen’s Counsel who were already Recorders had been appointed as part-time judges of the Employment Appeal Tribunal. It formed part of the institutional background to the systemic challenge (see para [11]).

Lawal v Northern Spirit Ltd

[2002] EWCA Civ 1218 · 30 October 2002

The dissent noted that section 24 permits temporary additional judges with the functions of nominated judges. It formed background to the concern about judges combining judicial and advocacy roles. (see Employment Appeal Tribunal)

Lawal v Northern Spirit Ltd

[2002] EWCA Civ 327 · 9 August 2002

Section 24 permits the appointment of temporary additional EAT judges. The provision was identified as the source of the appointments giving rise to the bias objection (see Employment Appeal Tribunal).

What each judgment says about section 24 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

F289S. 24(1)-(1B) substituted (3.4.2006) for s. 24(1) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 248(2); S.I. 2006/1014, art. 2(a), Sch. 1
F290Words in s. 24(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 248(3); S.I. 2006/1014, art. 2(a), Sch. 1
F291Words in s. 24(2) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 9; S.I. 2022/1014, reg. 2(d) (with reg. 3)
F292S. 24(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 248(4); S.I. 2006/1014, art. 2(a), Sch. 1

Marginal citations

M181981 c. 54.