Part IIE+W+S The Employment Appeal Tribunal

Decisions and further appealsE+W+S

35 Powers of Appeal Tribunal.E+W+S

(1)For the purpose of disposing of an appeal, the Appeal Tribunal may—

(a)exercise any of the powers of the body or officer from whom the appeal was brought, or

(b)remit the case to that body or officer.

(2)Any decision or award of the Appeal Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision or award of the body or officer from whom the appeal was brought.

36 Enforcement of decisions etc.E+W+S

(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)No person shall be punished for contempt of the Appeal Tribunal except by, or with the consent of, a judge.

(5)A magistrates’ court shall not remit the whole or part of a fine imposed by the Appeal Tribunal unless it has the consent of a judge who is a member of the Appeal Tribunal.

37 Appeals from Appeal Tribunal.E+W+S

(1)Subject to subsection (3), an appeal on any question of law lies from any decision or order of the Appeal Tribunal to the relevant appeal court with the leave of the Appeal Tribunal or of the relevant appeal court.

(2)In subsection (1) the “relevant appeal court” means—

(a)in the case of proceedings in England and Wales, the Court of Appeal, and

(b)in the case of proceedings in Scotland, the Court of Session.

(3)No appeal lies from a decision of the Appeal Tribunal refusing leave for the institution or continuance of, or for the making of an application in, proceedings by a person who is the subject of a restriction of proceedings order made under section 33.

(4)This section is without prejudice to section 13 of the M1Administration of Justice Act 1960 (appeal in case of contempt of court).

[F237ZAAppeals to Supreme Court: grant of certificate by Appeal TribunalE+W+S

(1)If the Appeal Tribunal is satisfied that—

(a)the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal Tribunal's decision or order in any proceedings, and

(b)as regards that decision or order, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 37ZB,

the Appeal Tribunal may grant a certificate to that effect.

(2)The Appeal Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.

(3)The Appeal Tribunal may not grant a certificate under this section in the case of proceedings in Scotland.

(4)The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that point of law is—

(a)a point of law that—

(i)relates wholly or mainly to the construction of an enactment or statutory instrument, and

(ii)has been fully argued in the proceedings and fully considered in the judgment of the Appeal Tribunal in the proceedings, or

(b)a point of law—

(i)in respect of which the Appeal Tribunal is bound by a decision of the Court of Appeal or the Supreme Court in previous proceedings, and

(ii)that was fully considered in the judgments given by the Court of Appeal or, as the case may be, the Supreme Court in those previous proceedings.

(5)The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that—

(a)the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,

(b)the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Appeal Tribunal, a hearing by the Supreme Court is justified, or

(c)the Appeal Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.

(6)No appeal lies against the grant or refusal of a certificate under subsection (1).

37ZBAppeals to Supreme Court: permission to appealE+W+S

(1)If the Appeal Tribunal grants a certificate under section 37ZA in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court.

(2)An application under subsection (1) must be made—

(a)within one month from the date on which the certificate is granted, or

(b)within such time as the Supreme Court may allow in a particular case.

(3)If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal.

(4)If permission is granted under this section—

(a)no appeal from the decision or order to which the certificate relates lies to the Court of Appeal, but

(b)an appeal lies from that decision or order to the Supreme Court.

(5)An application under subsection (1) is to be determined without a hearing.

(6)Subject to subsection (4), no appeal lies to the Court of Appeal from a decision or order of the Appeal Tribunal in respect of which a certificate is granted under section 37ZA until—

(a)the time within which an application can be made under subsection (1) has expired, and

(b)where such an application is made, that application has been determined in accordance with this section.

37ZCAppeals to Supreme Court: exclusionsE+W+S

(1)No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any enactment (other than sections 37ZA and 37ZB), no appeal would lie from that decision or order of the Appeal Tribunal to the Court of Appeal, with or without the leave or permission of the Appeal Tribunal or the Court of Appeal.

(2)No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the Court of Appeal on that decision or order of the Appeal Tribunal to the Supreme Court, with or without the leave or permission of the Court of Appeal or the Supreme Court.

(3)Where no appeal would lie to the Court of Appeal from the decision or order of the Appeal Tribunal except with the leave or permission of the Appeal Tribunal or the Court of Appeal, no certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal unless it appears to the Appeal Tribunal that it would be a proper case for granting leave or permission to appeal to the Court of Appeal.

(4)No certificate may be granted under section 37ZA where the decision or order of the Appeal Tribunal is made in the exercise of its jurisdiction to punish for contempt.]