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Employment Appeal Tribunal Rules

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The Employment Appeal Tribunal (Amendment) Rules 2023 have been published. They amend the current rules governing procedure in the Employment Appeal Tribunal set out in the Employment Appeal Tribunal Rules 1993 and will come into force on 30th September 2023. Changes include: 

- There will no longer be a requirement for a copy of the claim form and response from the original tribunal claim to be included in the served documents when instituting an appeal. The EAT forms have also been amended to reflect this change.

- The EAT will have discretion to extend time for instituting an appeal if a minor error is made when submitting relevant documents. Time can be extended in these circumstances if the EAT considers it just to do so. The EAT will have to bear in mind all the circumstances including the manner and speed of the defect being remedied and any prejudice to the respondent, in deciding whether to exercise its discretion.

- Amendments to the EAT forms regarding the contact information that should be provided.

- Amendments to the EAT forms to include an express reminder that the parties should read and comply with any relevant practice direction, comply with the overriding objective and ensure communication with the EAT and other parties to the proceedings is respectful and appropriate.