OpenLegislation

Rule 2 InterpretationF1

England, Wales and Scotland

(1)

In these rules—

  • “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992;

  • “the 1996 Act” means the Employment Tribunals Act 1996;

  • “the 1999 Regulations” means the Transnational Information and Consultation of Employees Regulations 1999;

  • F2“the 2004 Regulations” means the European and Public Limited-Liability Company Regulations 2004;

  • F3“the Information and Consultation Regulations” means the Information and Consultation of Employees Regulations 2004;

  • F4...

  • “the Appeal Tribunal” means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 and continued in existence under section 20(1) of the 1996 Act and includes the President, a judge, a member or the Registrar acting on behalf of the Tribunal;

  • “the CAC” means the Central Arbitration Committee;

  • “the Certification Officer” means the person appointed to be the Certification Officer under section 254(2) of the 1992 Act;

  • “costs officer” means any officer of the Appeal Tribunal authorised by the President to assess costs or expenses;

  • “Crown employment proceedings” has the meaning given by section 10(8) of the 1996 Act;

  • F5“document” includes a document delivered by way of electronic communication;

  • “electronic communication” shall have the meaning given to it by section 15(1) of the Electronic Communications Act 2000;

  • “excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of—

    1. (a)

      a direction of a Minister of the Crown under rule 30A(1)(b) or (c); or

    2. (b)

      an order of the Appeal Tribunal under rule 30A(2)(a) read with rule 30A(1)(b) or (c);

  • F6“full reasons” has the meaning given in rule 60(7) of the Procedure Rules

  • “judge” means a judge of the Appeal Tribunal nominated under section 22(1)(a) or (b) of the 1996 Act and includes a judge nominated under section 23(2) of, or a judge appointed under section 24(1) of, the 1996 Act to be a temporary additional judge of the Appeal Tribunal;

  • F7“legal representative” means a person, including a person who is a party’s employee, who—

    1. (a)

      for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act;

    2. (b)

      is an advocate or solicitor (as defined by section 65(1) of the Solicitors (Scotland) Act 1980 in Scotland; or

    3. (c)

      is a member of the Bar of Northern Ireland or a Solicitor of the Court of Judicature of Northern Ireland;

  • “member” means a member of the Appeal Tribunal appointed under section 22(1)(c) of the 1996 Act and includes a member appointed under section 23(3) of the 1996 Act to act temporarily in the place of a member appointed under that section;

  • F8“national security proceedings” means proceedings in which a direction or order under rule 93 of the F9Procedure Rules is in force;

  • F10“practice direction” means a direction given under section 29A of the 1996 Act;

  • “the President” means the judge appointed under section 22(3) of the 1996 Act to be President of the Appeal Tribunal and includes a judge nominated under section 23(1) of the 1996 Act to act temporarily in his place;

  • F11“the Procedure Rules” means the Employment Tribunal Procedure Rules 2024;

  • “the Registrar” means the person appointed to be Registrar of the Appeal Tribunal and includes any officer of the Tribunal authorised by the President to act on behalf of the Registrar;

  • “the Secretary of Employment Tribunals” means the person acting for the time being as the Secretary of the Central Office of the Employment Tribunals (England and Wales) or, as may be appropriate, of the Central Office of the Employment Tribunals (Scotland);

  • “special advocate” means a person appointed pursuant to rule 30A(4);

  • F12“summary reasons” has the meaning given in rule 60(7) of the Procedure Rules;

  • F13“writing” includes writing delivered by means of electronic communication.

F14(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Any reference in these Rules to a person who was the F15claimant or, as the case may be, the respondent in the proceedings before an employment tribunal includes, where those proceedings are still continuing, a reference to a person who is the claimant or, as the case may be, is the respondent in those proceedings.

Annotations

Textual amendments

F1

Rule 2 substituted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 2 (with rule 28) (as amended by S.I. 2001/1476, rule 2)

F2

Words in rule 2(1) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 2(1)(a)

F3

Words in rule 2(1) inserted (6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), regs. 1(1), 41(a) (with reg. 3)

F4

Words in rule 2(1) omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 3 para. 10; 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in rule 2(1) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 2(1)(b)

F6

Words in rule 2(1) inserted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(2)(a) (with rule 3)

F7

Words in rule 2(1) substituted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(2)(a)

F8

Words in rule 2(1) substituted (6.1.2025) by The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 (S.I. 2024/1156), regs. 1(1), 2(2)

F9

Words in rule 2(1) substituted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(2)(b) (with rule 3)

F10

Words in rule 2(1) inserted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(2)(b)

F11

Words in rule 2(1) inserted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(2)(c) (with rule 3)

F12

Words in rule 2(1) inserted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(2)(d) (with rule 3)

F13

Words in rule 2(1) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 2(1)(e)

F14

Rule 2(2) deleted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 2(2)

F15

Word in rule 2(3) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 2(3)