Employment Tribunals Act 1996, section 25

Tenure of appointed members

Part II The Employment Appeal Tribunal

(1)Subject to subsections (2) to (4), an appointed member shall hold and vacate office in accordance with the terms of his appointment.

(2)An appointed member—

(a)may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State, and

(b)shall vacate his office on the day on which he attains the age of [F29475F294] .

F295(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member—

(a)has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Appeal Tribunal,

(b)has become bankrupt or [F296had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or hasF296] made an arrangement with his creditors, or has had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract,

(c)is incapacitated by physical or mental illness, or

(d)is otherwise unable or unfit to discharge the functions of a member,

the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and when the Lord Chancellor does so, the office becomes vacant.

[F297 (5)The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge.

(6)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.F297]

Definitions used in section 25 2

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
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 25 3

Lawal (Appellant) v. Northern Spirit Limited

[2003] UKHL 35 · 19 June 2003Defines

The provision was used with section 22(2) to describe the panels from which the Employment Appeal Tribunal’s employer and employee lay members were drawn. Their role formed part of the institutional context for the bias analysis (see para [13]).

Lawal v Northern Spirit Ltd

[2002] EWCA Civ 1218 · 30 October 2002

The dissent referred to section 25 as providing for the tenure of appointed members, contributing to the continuing professional relationships relevant to its concern. (see Employment Appeal Tribunal)

Lawal v Northern Spirit Ltd

[2002] EWCA Civ 327 · 9 August 2002

Section 25 concerns the tenure of appointed EAT members. The court considered tenure and appointment arrangements as part of the institutional context relevant to impartiality (see Employment Appeal Tribunal).

What each judgment says about section 25 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F294Word in s. 25(2)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 28(a) (with Sch. 1 para. 43)
  2. F295S. 25(3) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 28(b) (with Sch. 1 para. 43)
  3. F296Words in s. 25(4)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 35 (with art. 5)
  4. F297S. 25(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 249; S.I. 2006/1014, art. 2(a), Sch. 1