Rule 35 Service of documentsI1

England, Wales and Scotland

F1(1)

Except where paragraph (1A) applies, any notice or other document required or authorised by these Rules or by direction to be served on, or delivered to, the Appeal Tribunal may be—

(a)

sent by post or delivered by hand—

(i)

in the case of a notice instituting proceedings, to the central office or any other office of the Appeal Tribunal;

(ii)

in any other case, to the office of the Appeal Tribunal in which proceedings in question are being dealt with in accordance with rule 38(2) (tribunal offices and allocation of business);

(b)

uploaded to the Appeal Tribunal’s online secure portal, in such manner specified by any practice direction, except in an appeal from a judgment or order of the employment tribunal in relation to national security proceedings; or

(c)

sent or delivered by such other method as the Appeal Tribunal may permit or direct.

F2(1A)

If a party is represented by a legal representative and any notice or other document is required or authorised by these Rules or direction to be served on, or delivered to, the Appeal Tribunal by that party, it must be uploaded to the Appeal Tribunal’s secure portal, in such manner specified by any practice direction, except in an appeal from a judgment or order of the employment tribunal in relation to national security proceedings.

(1B)

In the circumstances in which paragraph (1A) applies, if a party who is represented by a legal representative provides any notice or other document to the Appeal Tribunal by any other method than that permitted by paragraph (1A)—

(a)

the failure to comply with paragraph (1A) will not of itself render void the proceedings or any step taken in the proceedings; and

(b)

the Appeal Tribunal may take such action as it considers just, which may include waiving the requirement, requiring the failure to be remedied, striking out the proceedings, or restricting the party’s participation in the proceedings.

(1C)

The online secure portal cannot be used to serve notices or documents on another party. Notices and documents that are required to be served on another party must be sent or delivered to that party by another method permitted by these Rules.

(1D)

Any notice or other document required or authorised by these Rules to be served on, or delivered to, any person may be sent to them by post to their address for service or, where no address for service has been given, to their registered office, principal place of business, head or main office or last known address, as the case may be.

(2)

Any notice or other document required or authorised to be served on, or delivered to, an unincorporated body may be sent to its secretary, manager or other similar officer.

(3)

Every document served by post shall be assumed, in the absence of evidence to the contrary, to have been delivered in the normal course of post.

(4)

The Appeal Tribunal may inform itself in such manner as it thinks fit of the posting of any document by an officer of the Tribunal.

(5)

The Appeal Tribunal may direct that service of any document be dispensed with or be effected otherwise than in the manner prescribed by these Rules.

Annotations

Textual amendments

F1: Rule 35(1) substituted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(4)(a)
F2: Rule 35(1A)-(1D) inserted (1.2.2025) by The Employment Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1044), rules 1(2), 2(4)(b)

Commencement

I1: Rule 35 in force at 16.12.1993, see rule 1(1)