OpenLegislation

Rule 3 Institution of AppealF1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Every appeal to the Appeal Tribunal shall, subject to paragraphs (2) and (4), be instituted by serving on the Tribunal the following documents—

(a)

a notice of appeal in, or substantially in, accordance with Form 1, 1A or 2 in the Schedule to these rules;

F2(b)

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

(F3c)

in the case of an appeal from a judgment of an employment tribunal a copy of the written record of the judgment of the employment tribunal which is subject to appeal and the F4written full reasons for the judgment, or an explanation as to why written full reasons are not included;

(d)

in the case of an appeal made pursuant to regulation 38(8) of the 1999 Regulations F5or regulation 47(6) of the 2004 Regulations F6or regulation 35(6) of the Information and Consultation Regulations F7... from a declaration or order of the CAC, a copy of that declaration or order F8; and

(F9e)

in the case of an appeal from an order of an employment tribunal a copy of the written record of the order of the employment tribunal which is subject to appeal and (if available) the written reasons for the order;

(f)

in the case of an appeal from a decision or order of the Certification Officer a copy of the decision or order of the Certification Officer which is subject to appeal and the written reasons for that decision or order.

(F102)

In an appeal from a judgment or order of the employment tribunal in relation to national security proceedings where the appellant was the claimant—

F11(i)

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

(ii)

the appellant shall not be required by virtue of paragraph (1)(c) or (e) to serve on the Appeal Tribunal a copy of the F12written full reasons for the judgment F13or written reasons for the order, if the written full reasons or the written reasons (as the case may be), were not sent to the appellant but if a document containing edited reasons was sent to the appellant, he shall serve a copy of that document on the Appeal Tribunal.

(3)

The period within which an appeal to the Appeal Tribunal may be instituted is—

(F14a)

in the case of an appeal from a judgment of the employment tribunal—

(i)

where the F15written full reasons for the judgment subject to appeal—

(aa)

were requested orally at the hearing before the employment tribunal or in writing within F16the period specified in paragraph (4C) or (4D)(b) (as the case may be) of rule 60 of the Procedure Rules; F17...

(bb)

were reserved and given in writing by the employment tribunal F18; or

(cc)

were provided under paragraph (4E) of rule 60 of the Procedure Rules

42 days from the date on which the F19written full reasons were sent to the parties;

(ii)

in an appeal from a judgment given in relation to national security proceedings, where there is a document containing edited reasons for the judgment subject to appeal, 42 days from the date on which that document was sent to the parties; or

(iii)

where the F20written full reasons for the judgment subject to appeal—

(aa)

were not requested orally at the hearing before the employment tribunal or in writing within F21the period specified in paragraph (4C) or (4D)(b) (as the case may be) of rule 60 of the Procedure Rules; F22...

(bb)

were not reserved and given in writing by the employment tribunal F23; and

(cc)

were not provided under paragraph (4E) of rule 60 of the Procedure Rules

42 days from the date on which the written record of the judgment was sent to the parties;

(F24b)

in the case of an appeal from an order of an employment tribunal, 42 days from the date of the order;

(c)

in the case of an appeal from a decision of the Certification Officer, 42 days from the date on which the written record of that decision was sent to the appellant;

(d)

in the case of an appeal from a declaration or order of the CAC under regulation 38(8) of the 1999 Regulations F25or regulation 47(6) of the 2004 Regulations F26or regulation 35(6) of the Information and Consultation Regulations F27or regulation 57(6) of the 2007 Regulations, 42 days from the date on which the written notification of that declaration or order was sent to the appellant.

(4)

In the case of F28an appeal from a judgment or order of the employment tribunal in relation to national security proceedings, the appellant shall not set out the grounds of appeal in his notice of appeal and shall not append to his notice of appeal the F29F30written full reasons or (if any) written summary reasons for the judgment of the tribunal.

(5)

In F31an appeal from the employment tribunal in relation to national security proceedings in relation to which the appellant was the respondent in the proceedings before the employment tribunal, the appellant shall, within the period described in paragraph (3)(a), provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought.

(6)

In F32an appeal from the employment tribunal in relation to national security proceedings in relation to which the appellant was the F33claimant in the proceedings before the employment tribunal—

(a)

the appellant may, within the period described in F34paragraph 3(a)(ii) or (iii) or paragraph 3(b), whichever is applicable, provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought; and

(b)

a special advocate appointed in respect of the appellant may, within the period described in F35paragraph 3(a)(ii) or (iii) or paragraph 3(b), whichever is applicable, or within 21 days of his appointment, whichever is later, provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought or providing supplementary grounds of appeal.

(F367)

Where it appears to F37the Appeal Tribunal or the Registrar that a notice of appeal or a document provided under paragraph (5) or (6)—

(a)

discloses no reasonable grounds for bringing the appeal; or

(b)

is an abuse of the Appeal Tribunal’s process or is otherwise likely to obstruct the just disposal of proceedings,

F38the Appeal Tribunal or the Registrar shall notify the Appellant or special advocate accordingly informing him of the reasons for F39its opinion and, subject to F40paragraph (10), no further action shall be taken on the notice of appeal or document provided under paragraph (5) or (6).

(F417ZA)

Where F42the Appeal Tribunal or the Registrar has taken a decision under paragraph (7), and also considers that the notice of appeal or document provided under paragraph (5) or (6) is totally without merit, F43the Appeal Tribunal or Registrar may order that the appellant or special advocate is not entitled to have the matter heard before the Appeal Tribunal under paragraph (10), with such order to be included as part of the notice issued under paragraph (7).

(F447A)

In paragraphs (7) F45, (7ZA) and (10) reference to a notice of appeal or a document provided under paragraph (5) or (6) includes reference to part of a notice of appeal or document provided under paragraph (5) or (6).

F46(8)

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

(9)

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

(F4710)

F48Subject to paragraph (7ZA), where notification has been given under paragraph (7) and within 28 days of the date the notification was sent, an appellant or special advocate expresses dissatisfaction in writing with the reasons given by F49the Appeal Tribunal or Registrar for their opinion, he is entitled to have the matter heard before F50the Appeal Tribunal which shall make a direction as to whether any further action should be taken on the notice of appeal or document under paragraph (5) or (6).

Annotations

Textual amendments

F1

Rule 3 substituted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 3 (with rule 28) (as amended by S.I. 2001/1476, rule 2)

F2

Rule 3(1)(b) omitted (30.9.2023) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2023 (S.I. 2023/967), rules 1(1), 2(2)(a)

F3

Rule 3(1)(c) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(1)(b) (with rule 26(1)(b)(c))

F4

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

F5

Words in rule 3(1)(d) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(1)(c)(i)

F6

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

F7

Words in rule 3(1)(d) 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. 11; 2020 c. 1, Sch. 5 para. 1(1)

F8

Word in rule 3(1)(d) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(1)(c)(ii)

F9

Rule 3(1)(e)(f) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(1)(d)

F10

Rule 3(2) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(2)

F11

Rule 3(2)(i) omitted (30.9.2023) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2023 (S.I. 2023/967), rules 1(1), 2(2)(b)

F12

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

F13

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

F14

Rule 3(3)(a) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(3)(a) (with rule 26(1)(c))

F15

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

F16

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

F17

Word in rule 3(3)(a)(i) omitted (2.3.2026) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(3)(c)(i)(cc) (with rule 3)

F18

Rule 3(3)(a)(i)(cc) inserted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(3)(c)(i)(dd) (with rule 3)

F19

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

F20

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

F21

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

F22

Word in rule 3(3)(a)(iii) omitted (2.3.2026) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(3)(c)(ii)(cc) (with rule 3)

F23

Rule 3(3)(a)(iii)(cc) inserted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(3)(c)(ii)(dd) (with rule 3)

F24

Rule 3(3)(b) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(3)(b)

F25

Words in rule 3(3)(d) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(3)(c)

F26

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

F27

Words in rule 3(3)(d) inserted (15.12.2007) by The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 1, 64(2) (with reg. 5)

F28

Words in rule 3(4) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(4)(a)

F29

Words in rule 3(4) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(4)(b)

F30

Words in rule 3(4) substituted (2.3.2026) by The Employment Appeal Tribunal (Amendment) Rules 2026 (S.I. 2026/114), rules 1(2), 2(3)(d) (with rule 3)

F31

Words in rule 3(5) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(5)

F32

Words in rule 3(6) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(6)(a)

F33

Word in rule 3(6) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(6)(b)

F34

Words in rule 3(6)(a) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(6)(c)

F35

Words in rule 3(6)(b) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(6)(c)

F36

Rule 3(7) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(7)

F37

Words in rule 3(7) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(a)(i) (with reg. 9(b))

F38

Words in rule 3(7) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(a)(ii) (with reg. 9(b))

F39

Words in rule 3(7) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(a)(iii) (with reg. 9(b))

F40

Words in rule 3(7) substituted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 3(a)

F41

Rule 3(7ZA) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 3(b)

F42

Words in rule 3(7ZA) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(b)(i) (with reg. 9(b))

F43

Words in rule 3(7ZA) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(b)(ii) (with reg. 9(b))

F44

Rule 3(7A) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(8)

F45

Words in rule 3(7A) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 3(c)

F46

Rule 3(8)(9) omitted (29.7.2013) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 3(d)

F47

Rule 3(10) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 4(11)

F48

Words in rule 3(10) substituted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 3(e)

F49

Words in rule 3(10) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(c)(i) (with reg. 9(b))

F50

Words in rule 3(10) substituted (27.1.2024) by The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 (S.I. 2024/94), regs. 1(1), 7(2)(c)(ii) (with reg. 9(b))