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New EAT Procedural Rules

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The government has published its response to the recent Public Consultation on proposed amendments to the EAT Rules of Procedure. As a result, the final amendments have been laid before parliament and come into force tomorrow (1st October).

The changes are as follows:

- introduction of the overriding objecting into the EAT procedural rules;

- it will become mandatory for the Appellant to lodge the Claim Form and Response Form at the same time as lodging the Notice of Appeal and ET decision

- the time period for lodging an appeal will remain at 42 days after written reasons (or notification of the decision, if written reasons are not requested) are sent out. The government has withdrawn its proposal to start the 42-day time period running from the date of verbal reasons, if a verbal decision is given at the tribunal hearing;

- procedures for 'weeding out' meritless appeals are being tightened up, but the proposal for a 'permission to appeal' system is not being implemented;

- provision will be made for temporary restricted reporting orders;

- costs rules in the EAT will be brought into line with the new costs rules in employment tribunals, including provision for wasted costs orders against representatives and preparation time orders in favour of unrepresented litigants.

The Employment Appeal Tribunal (Amendment) Rules 2004

Government response to consultation paper (much easier to read!)