Practice Direction (Employment Appeal Tribunal - Procedure) 2018 [1994] UKEAT 1025
[1]The appellant is (name and address of appellant). Any communication relating to this appeal may be sent to the appellant at (appellant’s address for service, including telephone number if any). The appellant appeals from (here give particulars of the judgment, decision or order of the employment tribunal from which the appeal is brought including the location of the employment tribunal and the date). The parties to the proceedings before the employment tribunal, other than the appellant, were (names and addresses of other parties to the proceedings resulting in judgment, decision or order appealed from). Copies of— the written record of the employment tribunal’s judgment, decision or order and the written reasons of the employment tribunal; the claim (ET1); the response (ET3); and/or (where relevant) an explanation as to why any of these documents are not included; are attached to this notice. If the appellant has made an application to the employment tribunal for a review of its judgment or decision, copies of— the review application; the judgment; the written reasons of the employment tribunal in respect of that review application; and/or a statement by or on behalf of the appellant, if such be the case, that a judgment is awaited; are attached to this Notice. If any of these documents exist but cannot be included, then a written explanation must be given. EAT Form 1 continued The grounds upon which this appeal is brought are that the employment tribunal erred in law in that (here set out in paragraphs the various grounds of appeal). Date: ................................ Signed: ....................................................................... NB. The details entered on your Notice of Appeal must be legible and suitable for photocopying or electronic scanning. The use of black ink or typescript is recommended. The Ministry of Justice and HM Courts and Tribunals Service processes personal information about you in the context of tribunal proceedings. For details of the standards we follow when processing your data, please visit the following address https://www.gov.uk/government/organisations/hm-courts-and-tribunals- service/about/personal-information-charter To receive a paper copy of this privacy notice, please call 0300 123 1024/ Textphone 18001 0300 123 1024. If calling from Scotland, please call 0300 790 6234 Textphone 18001 0300 790 6234. T444 - 20180526 Summary of Changes from 2013 Edition On Wednesday 19 December 2018 the EAT Practice Direction 2018 will be handed down by The Honourable Mr Justice Swift on behalf of the President of the EAT, The Honourable Mrs Justice Simler DBE. The parts of the previous Practice Direction relating to fees to lodge an appeal or for a hearing have been deleted, necessitating the renumbering of all paragraphs after section 3. Many of the other revisions are minor editorial, grammatical or typographical corrections, or have been made to improve the clarity of the text or to document existing practices. The table below summarises changes which introduce a new or changed practice (both in bold), or which are otherwise noteworthy. Paragraph in PD 2018 Paragraph in PD 2013 Revision 3.6 – 3.8 3.6 Inclusion of greater detail about the required form of a notice of appeal. Reflects existing practice, as set out in the EAT President’s Practice Statement of May 2015. 4.3 5.3 Previously, if written reasons were requested from the ET out of time and the ET extended time to grant the request, time to appeal would nevertheless run from the date the judgment was sent to parties. From the effective date of this PD, time will run from the date the written reasons are sent to the parties. 6.3 7.3 Members of the public will no longer be permitted to inspect documents in person at the EAT’s offices. However, the provision to request a copy of a document remains (albeit that a charge will continue to be made for this service) . 7.1 8.1 Incorporates the suggestion that a represented respondent may take on the responsibility for preparing the bundles for the hearing. Whilst ultimately it remains the appellant’s responsibility to provide the bundles of documents to be used at the hearing, the suggestion has been included that a represented respondent may be prepared to take on the task in the interests of efficient disposal of the appeal. Documents existing practice. 10.2 11.2 Includes an option in the sift for further consideration on the papers after receiving a submission from the respondent. Documents existing practice. 11.1 (& 10.11) 12.2 (& 11.10) Extends the time for the Respondent to lodge an answer from 14 days to 28 days. 11.1 12.2 To clarify that if a cross-appeal is to be pursued, it must be lodged with the Respondent’s answer. Documents existing practice. 15.13.116.11.1 &16.11.2 Change the time for skeleton arguments to be lodged to 14 days before the hearing irrespective of hearing type. Previously skeleton arguments for Full Hearings were required 14 days before the hearing, whilst skeleton arguments for all other hearing types were required 10 days before the hearing. 19 20 Sub-headings added for clarity and ease of reference. 20.3 21.3 Rule 6(16) hearings were previously not mentioned, but this paragraph nevertheless applied. Documents existing practice. 20.3.3 21.3.3 Removal of the provision for a judgment to be given if an appeal is being allowed to proceed – only a written note will be provided. Documents existing practice. 24.5 – 24.7 - Directions for applications under s.37ZA of the Employment Tribunals Act 1996, which came into force on 08 August 2016, and which allows the EAT to permit an appeal directly to the Supreme Court, missing out the Court of Appeal. This new sub-section of the PD sets out the intended practice.