Employment Tribunals Act 1996, section 30

Appeal Tribunal procedure rules

Part II The Employment Appeal Tribunal

(1) The Lord Chancellor, after consultation with the Lord President of the Court of Session, shall make rules (“Appeal Tribunal procedure rules") with respect to proceedings before the Appeal Tribunal.

(2)Appeal Tribunal procedure rules may, in particular, include provision—

(a)with respect to the manner in which, and the time within which, an appeal may be brought,

(b)with respect to the manner in which [F310or complaintF310] to the Appeal Tribunal may be made,

(c)for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(d)for requiring or enabling the Appeal Tribunal to sit in private in circumstances in which an [F311employment tribunalF311] is required or empowered to sit in private by virtue of [F312section 10AF312] of this Act,

(e)F313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)for interlocutory matters arising on any appeal or application to the Appeal Tribunal to be dealt with [F314 by an officer of the Appeal Tribunal F314] .

[F315 (2A)Appeal Tribunal procedure rules may make provision of a kind which may be made by employment tribunal procedure regulations under section 10(2), (5), (6) or (7).

(2B)For the purposes of subsection (2A)—

(a)the reference in section 10(2) to section 4 shall be treated as a reference to section 28, and

(b)the reference in section 10(4) to the President or a Regional [F316 Employment Judge F316] shall be treated as a reference to a judge of the Appeal Tribunal.

(2C)Section 10B shall have effect in relation to a direction to or determination of the Appeal Tribunal as it has effect in relation to a direction to or determination of an employment tribunal.F315]

(3)Subject to Appeal Tribunal procedure rules[F317 and directions under section 28(1) or 29A(1) F317] , the Appeal Tribunal has power to regulate its own procedure.

Definitions used in section 30 2

the Appeal Tribunal

“the Appeal Tribunal” means the Employment Appeal Tribunal,

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 30 21

Butcher v Salvage Association

[2002] EWCA Civ 867 · 31 May 2002

Confirms the procedural authority relied on to permit the Employment Appeal Tribunal to regulate its procedure and limit an appeal at a preliminary hearing to reasonably arguable points of law. (see unpaginated judgment, quotation from paragraph 26 of Miriki)

Aziz v Bethnal Green City Challenge Company Ltd

[1999] EWCA Civ 1479 · 25 May 1999

The Court of Appeal relied on the Employment Appeal Tribunal’s statutory power to regulate its own procedure as supporting a stricter approach to extensions of time for appeals on points of law. The provision helped confirm that the Employment Appeal Tribunal need not follow the Court of Appeal’s approach exactly (see [1999] EWCA Civ 1479, judgment of Lady Justice Butler-Sloss).

JK v Ealing Council

[2025] EAT 78 · 13 June 2025

The EAT’s general power to regulate its own procedure, read consistently with Convention rights, supports an anonymity order extending beyond promulgation where necessary to protect ECHR rights. (see paras [10]-[11])

3 more judgments, and what each says about section 30, are in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F310Words in s. 30(2)(b) substituted (15.1.2000) by S.I. 1999/3323, reg. 35(4)
  2. F311Words in s. 30 (2)(d) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
  3. F312Words in s. 30(2)(d) substituted (16.7.2001) by 1999 c. 26, ss. 41, 45(1), Sch. 8 para. 5; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))
  4. F313S. 30(2)(e) omitted (31.12.2004) by virtue of Employment Relations Act 2004 (c. 24), ss. 57, 59(2)-(4), Sch. 1 para. 26; and the said s. 30(2)(e) repealed (6.4.2005) by {Sch. 2} of the said Employment Relations Act 2004 (c. 24); S.I. 2004/3342, art. 4(b) (with arts. 5-12); S.I. 2005/872, art. 4, Sch (with arts. 5-21)
  5. F314Words in s. 30(2)(f) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 12(3), 103(2) (with s. 24(2))
  6. F315S. 30(2A)-(2C) inserted (16.7.2001) by 1999 c. 26, ss. 41, 45(1), Sch. 8 para. 5; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))
  7. F316Words in s. 30(2B)(b) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(3); S.I. 2013/2200, art. 3(g)
  8. F317Words in s. 30(3) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 48; S.I. 2008/2696, art. 5(c)(i) (with art. 3)