{
  "url": "https://openlegislation.uk/employment-appeal-tribunal-rules-1993/rule-6",
  "json_url": "https://openlegislation.uk/employment-appeal-tribunal-rules-1993/rule-6.json",
  "legislation": "uksi/1993/2854",
  "legislation_title": "The Employment Appeal Tribunal Rules 1993",
  "legislation_url": "https://openlegislation.uk/employment-appeal-tribunal-rules-1993",
  "path": "rule/6",
  "kind": "rule",
  "number": "6",
  "heading": "Respondent’s answer and notice of cross-appeal",
  "text": "(1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Appeal Tribunal by which any answer under this rule must be delivered.\n(2) A respondent who wishes to resist an appeal shall, subject to paragraph (6), and within the time appointed under paragraph (1) of this rule, deliver to the Appeal Tribunal an answer in writing in, or substantially in, accordance with Form 3 in the Schedule to these Rules, setting out the grounds on which he relies, so, however, that it shall be sufficient for a respondent to an appeal referred to in rule 5(a) or 5(c) who wishes to rely on any ground which is the same as a ground relied on by the industrial tribunal , the Certification Officer or the CAC for making the judgment, decision , declaration or order appealed from to state that fact in his answer.\n(3) A respondent who wishes to cross-appeal may subject to paragraph (6), do so by including in his answer a statement of the grounds of his cross-appeal, and in that event an appellant who wishes to resist the cross-appeal shall, within a time to be appointed by the Appeal Tribunal, deliver to the Tribunal a reply in writing setting out the grounds on which he relies.\n(4) The Registrar shall serve a copy of every answer and reply to a cross-appeal on every party other than the party by whom it was delivered.\n(5) Where the respondent does not wish to resist an appeal, the parties may deliver to the Appeal Tribunal an agreed draft of an order allowing the appeal and the Tribunal may, if it thinks it right to do so, make an order allowing the appeal in the terms agreed.\n(6) In an appeal from the employment tribunal in relation to national security proceedings, the respondent shall not set out the grounds on which he relies in his answer to an appeal, nor include in his answer a statement of the grounds of any cross-appeal.\n(7) In an appeal from the employment tribunal in relation to national security proceedings in relation to which the respondent was not the claimant in the proceedings before the employment tribunal, the respondent shall, within the time appointed under paragraph (1), provide to the Registrar a document, setting out the grounds on which he intends to resist the appeal, and may include in that document a statement of the grounds of any cross-appeal.\n(8) In an appeal from the employment tribunal in relation to national security proceedings in relation to which the respondent was the claimant in the proceedings before the employment tribunal—\n(a) the respondent may, within the time appointed under paragraph (1) provide to the Registrar a document, setting out the grounds on which he intends to resist the appeal, and may include in that document a statement of the grounds of any cross-appeal; and\n(b) a special advocate appointed in respect of the respondent may, within the time appointed under paragraph (1), or within 21 days of his appointment, whichever is the later, provide to the Registrar a document, setting out the grounds, or the supplementary grounds, on which the respondent intends to resist the appeal, and may include in that document a statement of the grounds, or the supplementary grounds, of any cross-appeal.\n(9) In an appeal from the employment tribunal in relation to national security proceedings, if the respondent, or any special advocate appointed in respect of a respondent, provides in the document containing grounds for resisting an appeal a statement of grounds of cross-appeal and the appellant wishes to resist the cross-appeal—\n(a) where the appellant was not the claimant in the proceedings before the employment tribunal, the appellant shall within a time to be appointed by the Appeal Tribunal deliver to the Tribunal a reply in writing setting out the grounds on which he relies; and\n(b) where the appellant was the claimant in the proceedings before the employment tribunal, the appellant, or any special advocate appointed in respect of him, may within a time to be appointed by the Appeal Tribunal deliver to the Tribunal a reply in writing setting out the grounds on which the appellant relies.\n(10) Any document provided under paragraph (7) or (9)(a) shall be treated by the Registrar in accordance with rule 4(2), as though it were a document received under rule 3(5).\n(11) Any document provided under paragraph (8) or (9)(b) shall be treated by the Registrar in accordance with rule 4(3), as though it were a document received under rule 3(6)(a) or (b).\n(12) Where it appears to the Appeal Tribunal or the Registrar that a statement of grounds of cross-appeal contained in the respondent’s answer or document provided under paragraph (7) or (8)—\n(a) discloses no reasonable grounds for bringing the cross-appeal; or\n(b) is an abuse of the Appeal Tribunal’s process or is otherwise likely to obstruct the just disposal of proceedings,\nthe Appeal Tribunal or the Registrar shall notify the respondent or special advocate accordingly informing him of the reasons for its opinion and, subject to paragraph (16), no further action shall be taken on the statement of grounds of cross-appeal.\n(12A) Where the Appeal Tribunal or the Registrar has taken a decision under paragraph (12), and also considers that the statement of grounds of cross-appeal contained in the respondent’s answer or document provided under paragraph (7) or (8) is totally without merit, the Appeal Tribunal or Registrar may order that the respondent is not entitled to have the matter heard before the Appeal Tribunal under paragraph (16), with such order to be included as part of the notice issued under paragraph (12).\n(13) In paragraphs (12) , (12A) and (16) reference to a statement of grounds of cross-appeal includes reference to part of a statement of grounds of cross-appeal.\n(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(16) Subject to paragraph (12A), where notification has been given under paragraph (12) and within 28 days of the date the notification was sent, a respondent or special advocate expresses dissatisfaction in writing with the reasons given by the Appeal Tribunal or Registrar for his opinion, he is entitled to have the matter heard before the Appeal Tribunal which shall make a direction as to whether any further action should be taken on the statement of grounds of cross-appeal.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 6(2) inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 6(a)(i) (with rule 28) (as amended by S.I. 2001/1476, rule 2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 6(2) inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 6(a)(ii) (with rule 28) (as amended by S.I. 2001/1476, rule 2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 6(2) substituted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 6(a)(iii) (with rule 28) (as amended by S.I. 2001/1476, rule 2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in rule 6(2) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in rule 6(2) inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 6(a)(iv) (with rule 28) (as amended by S.I. 2001/1476, rule 2)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in rule 6(3) inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 6(b) (with rule 28) (as amended by S.I. 2001/1476, rule 2)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Rule 6(6)-(11) inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 6(c) (with rule 28) (as amended by S.I. 2001/1476, rule 2)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in rule 6(6) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(b)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in rule 6(7) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Word in rule 6(7) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(c)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in rule 6(8) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Word in rule 6(8) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(c)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in rule 6(9) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(b)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Word in rule 6(9) substituted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(1)(c)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Rule 6(12)-(16) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 7(2)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in rule 6(12) 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(3)(a)(i) (with reg. 9(b))"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Word in rule 6(12) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(a)(i)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in rule 6(12) 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(3)(a)(ii) (with reg. 9(b))"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Word in rule 6(12) substituted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(a)(ii)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in rule 6(12) 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(3)(a)(iii) (with reg. 9(b))"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in rule 6(12) substituted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(a)(iii)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Rule 6(12A) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(b)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in rule 6(12A) 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(3)(b)(i) (with reg. 9(b))"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in rule 6(12A) 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(3)(b)(ii) (with reg. 9(b))"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Words in rule 6(13) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(c)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Rule 6(14)(15) omitted (29.7.2013) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(d)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Words in rule 6(16) substituted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 4(e)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Words in rule 6(16) 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(3)(c)(i) (with reg. 9(b))"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Words in rule 6(16) 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(3)(c)(ii) (with reg. 9(b))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 6 in force at 16.12.1993, see rule 1(1)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/1077",
      "affecting_title": "The Employment Appeal Tribunal (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/2854/rule/6",
    "retrieved_at": "2026-10-29T13:46:56.028201+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}