Employment Tribunals Act 1996, section 29A

Practice directions

Part II The Employment Appeal Tribunal

(1)Directions about the [F308 practice andF308] procedure of the Appeal Tribunal may be given—

(a)by the Senior President of Tribunals, or

(b)by the President of the Appeal Tribunal.

(2)A power under subsection (1) includes—

(a)power to vary or revoke directions given in exercise of the power, and

(b)power to make different provision for different purposes.

(3)Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor.

(4)Directions under subsection (1)(b) may not be given without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(5)Subsection (1) does not prejudice any power apart from that subsection to give directions about the [F309 practice orF309] procedure of the Appeal Tribunal.

(6)Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(7)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of the Appeal Tribunal.

(8)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

(9)Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only.

(10)Subsection (6) does not apply to directions under section 28(1).F307]

Definitions used in section 29A 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 29A 3

Shirley Ridley v HB Kirtley t/a Queen's Court Business Centre & Ors

[2024] EWCA Civ 884 · 25 July 2024

Confirms the power of the Senior President of Tribunals and President of the Employment Appeal Tribunal to issue practice and procedure directions (see para [9]). Confirms that directions by the President require approval from the Senior President of Tribunals and Lord Chancellor (see para [9]).

Terence Hancox v Kenneth Sutherland & Ors

[2026] EAT 139 · 17 September 2026

The judgment identifies section 29A as the statutory basis under which the EAT Practice Direction was made. It records that the Direction supplements the EAT Rules but does not construe the section. (see para [6])

1 more judgment, and what each says about section 29A, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F307S. 29A inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 47; S.I. 2008/2696, art. 5(c)(i) (with art. 3)
  2. F308Words in s. 29A(1) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 18(a); S.I. 2023/1194, reg. 2(f)
  3. F309Words in s. 29A(5) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 18(b); S.I. 2023/1194, reg. 2(f)