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Paragraph 165A F1

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

(1)

This paragraph applies where a demand has been made under paragraph 19E(3), 28(4) or 120(4).

(2)

The recipient of the demand may appeal against the demand within 4 weeks starting with the day after receipt of the demand.

(3)

An appeal under this paragraph lies to an employment tribunal.

(4)

On an appeal under this paragraph against a demand under paragraph 19E(3), the tribunal shall dismiss the appeal unless it is shown that—

(a)

the amount specified in the demand as the costs of the appointed person is too great, or

(b)

the amount specified in the demand as the amount of those costs to be borne by the recipient is too great.

(5)

On an appeal under this paragraph against a demand under paragraph 28(4) or paragraph 120(4), the tribunal shall dismiss the appeal unless it is shown that—

(a)

the amount specified in the demand as the gross costs of the ballot is too great, or

(b)

the amount specified in the demand as the amount of the gross costs to be borne by the recipient is too great.

(6)

If an appeal is allowed, the tribunal shall rectify the demand and the demand shall have effect as if it had originally been made as so rectified.

(7)

If a person has appealed under this paragraph against a demand and the appeal has not been withdrawn or finally determined, the demand—

(a)

is not enforceable until the appeal has been withdrawn or finally determined, but

(b)

as from the withdrawal or final determination of the appeal shall be enforceable as if paragraph (a) had not had effect.

Annotations

Textual amendments

F1

Sch. A1 para. 165A and preceding cross-heading inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 14, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)