Employment Appeal Tribunal
Encyclopedia
The Employment Appeal Tribunal is a tribunal
non-departmental public body
in England and Wales
and Scotland
, and is a superior court of record
. Its primary role is to hear appeals from Employment Tribunal
s in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues.
The Tribunal may sit anywhere in Great Britain
, although it is required to have an office in London
. It is part of the UK tribunals system
, under the administration of the Tribunals Service
. On 1 November 2007, the Tribunal came under the supervision of the Administrative Justice and Tribunals Council
. Although it is a superior court of record, the Tribunal may not make a declaration of incompatibility
under the Human Rights Act 1998
.
Members are nominated or appointed by the Lord Chancellor
. One of the nominated Judges is selected as the President. , Mr Justice Underhill, a High Court Judge, succeeded Mr Justice Elias.
to consider appeals on questions of law. Appeals on questions of fact are only allowed in exceptional circumstances, on the ground that a tribunal decision was so perverse or defective that no reasonable tribunal could have arrived at that decision. A pervesity appeal will only succeed if the party overwhelmingly demonstrates that Employment Tribunal's decision was one which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.
to the Court of Appeal of England and Wales
or Court of Session
(Scotland).
Parties are expected to comply with strictly enforced time limits when applying for a review or appeal.
, which had been abolished in 1974.
it is located at 58 Victoria Embankment
, in the Temple area of London; for Scotland it is located at 52 Melville Street, in Edinburgh
.
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, and is a superior court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. Its primary role is to hear appeals from Employment Tribunal
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
s in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues.
The Tribunal may sit anywhere in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
, although it is required to have an office in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. It is part of the UK tribunals system
Tribunals in the United Kingdom
The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies...
, under the administration of the Tribunals Service
Tribunals Service
The Tribunals Service was an executive agency of the Ministry of Justice in the United Kingdom between April 2006 and March 2011.The Tribunals Service was responsible for:*Adjudicator for HM Land Registry*Asylum and Immigration Tribunal...
. On 1 November 2007, the Tribunal came under the supervision of the Administrative Justice and Tribunals Council
Administrative Justice and Tribunals Council
The Administrative Justice and Tribunals Council is a non-departmental public body in the United Kingdom, responsible for supervising and regulating administrative justice and tribunals...
. Although it is a superior court of record, the Tribunal may not make a declaration of incompatibility
Declaration of incompatibility
A declaration of incompatibility is a declaration issued by judges in the United Kingdom that they consider that the terms of a statute to be incompatible with the UK's obligations under the Human Rights Act 1998, which incorporated the European Convention of Human Rights into the UK domestic...
under the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
.
Membership
There are two classes of members of the Tribunal:- Nominated members, who are appointed from English and Welsh Circuit Judges, Judges of the High CourtHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
and the Court of AppealCourt of Appeal of England and WalesThe Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
as well as at least one Judge from the Court of SessionCourt of SessionThe Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
. - Appointed members, who must have special knowledge or experience of industrial relations, appointed either as representatives of:
- Employers; or
- Workers.
Members are nominated or appointed by the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
. One of the nominated Judges is selected as the President. , Mr Justice Underhill, a High Court Judge, succeeded Mr Justice Elias.
Procedure
The Tribunal is governed by the Employment Appeal Tribunal Rules 1993, as amended in 1996, 2001, 2004 and 2005, and further by its Practice Direction. Parties are expected to understand and apply these rules.Jurisdiction
The Tribunal only has jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to consider appeals on questions of law. Appeals on questions of fact are only allowed in exceptional circumstances, on the ground that a tribunal decision was so perverse or defective that no reasonable tribunal could have arrived at that decision. A pervesity appeal will only succeed if the party overwhelmingly demonstrates that Employment Tribunal's decision was one which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.
Appeals from the Employment Appeals Tribunal
A party dissatisfied with a decision of the Employment Appeal Tribunal may apply to the Tribunal requesting a review of its own decision. The Tribunal may also review its decision of its own motion. Decisions can be reviewed where an error is relatively minor, for example a clerical error. Where a party believes the Tribunal has misapplied the law or acted perversely, the review process is inappropriate and the party must appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
to the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
or Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(Scotland).
Parties are expected to comply with strictly enforced time limits when applying for a review or appeal.
History
The Employment Appeal Tribunal was created in 1975 as a successor to the National Industrial Relations CourtNational Industrial Relations Court
The National Industrial Relations Court was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom...
, which had been abolished in 1974.
Offices
The Tribunal has two permanent offices: for England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
it is located at 58 Victoria Embankment
Victoria Embankment
The Victoria Embankment is part of the Thames Embankment, a road and river walk along the north bank of the River Thames in London. Victoria Embankment extends from the City of Westminster into the City of London.-Construction:...
, in the Temple area of London; for Scotland it is located at 52 Melville Street, in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
.