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Paragraph 30 Reasons

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

(1)

A tribunal or chairman must give reasons (either oral or written) for any —

(a)

judgment; or

(b)

order, if a request for reasons is made before or at the hearing at which the order is made.

(2)

Reasons may be given orally at the time of issuing the judgment or order or they may be reserved to be given in writing at a later date. If reasons are reserved, they shall be signed by the chairman and sent to the parties by the Secretary.

(3)

Written reasons shall only be provided:—

(a)

in relation to judgments if requested by one of the parties within the time limit set out in paragraph (5); or

(b)

in relation to any judgment or order if requested by the Employment Appeal Tribunal at any time.

(4)

When written reasons are provided, the Secretary shall send a copy of the reasons to all parties to the proceedings and record the date on which the reasons were sent. Written reasons shall be signed by the chairman.

(5)

A request for written reasons for a judgment must be made by a party either orally at the hearing (if the judgment is issued at a hearing), or in writing within 14 days of the date on which the judgment was sent to the parties. This time limit may be extended by a chairman where he considers it just and equitable to do so.

(6)

Written reasons for a judgment shall include the following information —

(a)

the issues which the tribunal or chairman has identified as being relevant to the claim;

(b)

if some identified issues were not determined, what those issues were and why they were not determined;

(c)

findings of fact relevant to the issues which have been determined;

(d)

a concise statement of the applicable law;

(e)

how the relevant findings of fact and applicable law have been applied in order to determine the issues; and

(f)

where the judgment includes an award of compensation or a determination that one party make a payment to the other, a table showing how the amount or sum has been calculated or a description of the manner in which it has been calculated.