Explanatory note

The Employment Appeal Tribunal Rules 1993 (S.I. 1993/2854) (“the 1993 Rules”) are the rules governing the procedure in the Employment Appeal Tribunal (EAT).

Rule 2(2) amends rule 2(1) (interpretation) of the 1993 Rules to update the definition of legal representatives in England and Wales by reference to the Legal Services Act 2007 (c. 29) and to update the definition of legal representatives in Scotland by reference to the Solicitors (Scotland) Act 1980 (c. 46).

Rule 2(3) makes consequential changes to the definition of litigant in person in rule 34D (litigants in person and party litigants) of the 1993 Rules.

Rule 2(4)(a) amends rule 35(1) (service of documents) of the 1993 Rules which sets out the methods by which documents may be sent or delivered to the Appeal Tribunal to include electronic filing using the Appeal Tribunal’s online secure portal, except where the appeal relates to national security proceedings.

Rule 2(4)(b) introduces new paragraphs (1A) to (1D) to rule 35 of the 1993 Rules. Paragraph (1A) requires legal representatives to provide any notice or document to the Appeal Tribunal electronically by the Appeal Tribunal’s online secure portal unless the appeal relates to national security proceedings. Paragraph (1B) provides that a failure by a party’s legal representative to comply with paragraph (1A) does not invalidate a step in proceedings and allows the Appeal Tribunal flexibility to sanction a party or provide a waiver or require a party remedy such a failure. Paragraph (1C) specifies that the online secure portal may not be used to serve documents on any other party to the claim. Paragraph (1D) sets out permitted methods of service or delivery of notices or documents on any other person.

No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.