Employment Appeal Tribunal

Last updated

The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. [1] Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues.

Contents

The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. [2] It is part of the UK tribunals system, under the administration of HM Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. [3]

Membership

There are two classes of members of the tribunal:

Members are nominated or appointed by the Lord Chancellor. One of the nominated judges is selected as the president. The usual term of office for president is three years. The Honourable Mr Justice Langstaff served as president for four years from 1 January 2012 until 31 December 2015. His successor, announced on 17 December 2015, is The Honourable Mrs Justice Simler, the first woman to hold the role. [5]

Procedure

The tribunal is governed by the Employment Appeal Tribunal Rules 1993, [6] as amended in 1996, 2001, 2004 and 2005, and further by its Practice Direction. [7] Parties are expected to understand and apply these rules.

Jurisdiction

The tribunal has jurisdiction to consider appeals only on questions of law, including perversity. [8]

Appeals from the Employment Appeals Tribunal

A party dissatisfied with a decision of the Employment Appeal Tribunal may apply to the tribunal requesting a review of its own decision. The tribunal may also review its decision of its own motion. Decisions can be reviewed where an error is relatively minor, for example a clerical error. Where a party believes the tribunal has misapplied the law or acted perversely, the review process is inappropriate and the party may appeal to the Court of Appeal (England and Wales) or the Court of Session (Scotland).

Parties are expected to comply with strictly enforced time limits when applying for a review or appeal.

History

The Employment Appeal Tribunal was created in 1975 [9] as a successor to the National Industrial Relations Court, which had been abolished in 1974.

Presidents of the Employment Appeal Tribunal

Offices

The tribunal has two permanent offices: for England and Wales it is located at Fleetbank House, Salisbury Square, in the Fleet Street area of London; for Scotland it is located at 52 Melville Street, in Edinburgh. [10]

Related Research Articles

The Asylum and Immigration Tribunal (AIT) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA), and fell under the administration of the Tribunals Service.

The Courts of England and Wales, supported administratively by Her Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

Court of Session Supreme civil court of Scotland

The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the pursuer is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.

Courts of Scotland administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

Judiciary of Australia judiciary; system of courts that interprets and applies the law in Australia

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

Supreme Court of New South Wales superior court of New South Wales, Australia

The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.

Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination. The tribunals are part of the UK tribunals system, administered by the Tribunals Service and regulated and supervised by the Administrative Justice and Tribunals Council.

The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom. It was empowered to grant injunctions as necessary to prevent injurious strikes and also to settle a variety of labour disputes. It also heard appeals from the Industrial tribunals. Unusually, its jurisdiction extended throughout the UK, making no distinction between England and Wales or Scotland.

Judiciary of England and Wales

There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. At 31 March 2006 there were 1,825 judges in post in England and Wales, most of whom were circuit judges (626) or district judges (572). Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

Judiciaries of the United Kingdom Systems of courts of law in England and Wales, Northern Ireland and Scotland

The judiciary of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. However, the judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction.

Industrial Relations Commission of New South Wales

The Industrial Relations Commission of New South Wales conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in New South Wales, a state of Australia. The Commission was established with effect from 2 September 1996 pursuant to the Industrial Relations Act, 1996 (NSW).

The Police Tribunal of New South Wales was a tribunal established in New South Wales, a state of Australia to deal with allegations of misconduct by New South Wales Police. It was established in 1990 and abolished in 1998.

New South Wales Court of Appeal

The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.

The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs).

The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT.

Arbitration Act 1996 United Kingdom legislation

The Arbitration Act 1996 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.

Upper Tribunal

The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the decisions of lower tribunals. It is administered by Her Majesty's Courts and Tribunals Service.

Sir Michael John Burton, styled Mr Justice Burton, is a former judge in the High Court of England and Wales. He was the President of the Investigatory Powers Tribunal between October 2013 and September 2018, having been Vice-President since its inception in 2000, the Chair of the Central Arbitration Committee for over 17 years and the former President of the Employment Appeal Tribunal (2002–2005), which was reformed under his presidency.

Dame Ingrid Ann Simler, DBE, styled The Rt. Hon. Lady Justice Simler, is a judge of the Court of Appeal of England and Wales.

The South Australian Employment Tribunal, which also sits as the South Australian Employment Court is a South Australian tribunal empowered to adjudicate on rights and liabilities arising out of employment. It has existed in some form or another since 1912, under various names.

References

  1. Employment Tribunals Act 1996, s.20
  2. Employment Tribunals Act 1996, s.20(2)
  3. Whittaker v. P & D Watson (t/a P and M Watson Haulage) [2002] ICR 1244
  4. Employment Tribunals Act 1996, s.22(1)
  5. https://www.judiciary.gov.uk/announcements/president-of-the-eat-upper-tribunal-chamber-president-of-the-lands-chamber/
  6. "Employment Appeal Procedure Rules" (PDF). Tribunals Service. 2005. Archived from the original (PDF) on 2007-09-27. Retrieved 2008-03-21.
  7. "Practice Direction". Tribunals Service. 2004. Archived from the original on 2008-03-07. Retrieved 2008-03-21.
  8. Yeboah v. Crofton CA [2002] EWCA Civ 794
  9. Employment Protection Act 1975, s.87
  10. Employment Appeal Tribunal Contact Us