Catalogue description Records of the Employment Appeal Tribunal

Details of Division within J
Reference: Division within J
Title: Records of the Employment Appeal Tribunal
Description:

Records of the Employment Appeal Tribunal relating to appeals on questions of law arising from industrial tribunal decisions.

Appeals to the Employment Appeal Tribunal are recorded in J 149 and J 150.

Date: 1976-1988
Related material:

For Employment Appeal Tribunal decisions, see LE 10

For the Employment Appeal Tribunal website, please see: TR 13

See also records of the Central Office of the Industrial Tribunals in: LAB 38

Legal status: Public Record(s)
Language: English
Creator:

Employment Appeal Tribunal, 1975-

Physical description: 2 series
Administrative / biographical background:

The Employment Appeal Tribunal was established as a superior court of record given exclusive jurisdiction by Section 88 of the Employment Protection Act 1975 to hear appeals on questions of law from decisions of industrial tribunals in England and Wales or in Scotland under:-

  • (a) Redundancy Payments Act 1965
  • (b) Equal Pay Act 1970
  • (c) Contracts of Employment Act 1972
  • (d) Trade Union and Labour Relations Act 1974
  • (e) Sex Discrimination Act 1975
  • (f) those provisions of the Employment Protection Act 1975 which enabled a complaint to be presented to an industrial tribunal

The Appeal Tribunal was also given jurisdiction to hear appeals from the Certification Officer on questions of law under:-

  • (a) Sections 3, 4 and 5 of the Trade Union Act 1913
  • (b) Section 4 of the Trade Union (Amalgamation etc.) Act 1964

or questions of fact or law under

  • (i) Section 8 of the Trade Union and Labour Relations Act 1974
  • (ii) Section 8 of the Employment Protection Act 1975

Under Section 87 of the Employment Protection Act the Appeal Tribunal consisted of judges of the High Court and the Court of Appeal nominated by the Lord Chancellor, at least one judge of the Court of Session nominated by the Lord President of the Court of Session and other members appointed by the Queen. The Act required the Lord Chancellor after consultation with the Lord President to the Court of Session to appoint one of the judges to be President.

Appeals which were pending, but had not begun to be heard, in the High Court or Court of Session on 30 March 1976 were automatically transferred to the Appeal Tribunal by paragraphs 9 and 10 of Schedule 17 of the Employment Protection Act 1975.

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