1.1 This Practice Direction ("PD") supersedes all previous Practice Directions. It comes into force on 9th December 2004.

1.2 The Employment Appeal Tribunal Rules 1993 (SI 1993/2854) as amended by the Employment Appeal Tribunal (Amendment) Rules 2001 (SI 2001/1128), the [Employment Appeal Tribunal (Amendment) Rules 2001 (Amendment) Rules 2001 (SI 2001/1476)] and the Employment Appeal Tribunal (Amendment) Rules 2004 (SI 2004/2526) ("the Rules") apply to all proceedings irrespective of when those proceedings were commenced.

1.3 By s.30(3) of the Employment Tribunals Act 1996 ("ETA 1996") the Employment Appeal Tribunal ("the EAT") has power, subject to the Rules, to regulate its own procedure. In so doing, the EAT regards itself as subject in all its actions to the duties imposed by Rule 2A. It will seek to apply the overriding objective when it exercises any power given to it by the Rules or interprets any Rule.

1.4 The overriding objective of this PD is to enable the EAT to deal with cases justly. Dealing with a case justly includes, so far as is practicable:

1.4.1 ensuring that the parties are on an equal footing;
1.4.2 dealing with the case in ways which are proportionate to the importance and complexity of the issues;
1.4.3 ensuring that it is dealt with expeditiously and fairly;
1.4.4 saving expense.

1.5 The parties are required to help the EAT to further the overriding objective.

1.6 Where the Rules do not otherwise provide, the following procedure will apply to all appeals to the EAT.

1.7 The provisions of this PD are subject to any specific directions which the EAT may make in any particular case. Otherwise, the directions set out below must be complied with in all appeals from Employment Tribunals. In national security appeals, and appeals from the Certification Officer and the Central Arbitration Committee, the Rules set out the separate procedures to be followed and the EAT will normally give specific directions.

1.8 Where it is appropriate to the EAT's jurisdiction, procedure, unrestricted rights of representation and restricted costs regime, the EAT is guided by the Civil Procedure Rules. So, for example:

1.8.1 For the purpose of serving a valid Notice of Appeal under Rule 3 and para 3 below, when an Employment Tribunal decision is sent to parties on a Wednesday, that day does not count and the Notice of Appeal must arrive at the EAT on or before the Wednesday 6 weeks (ie 42 days) later.
1.8.2 When a date is given for serving of a document or for doing some other act, the complete document must be received by the EAT or the relevant party by 4.00pm on that date. Any document received after 4.00 pm will be deemed to be lodged on the next working day.
1.8.3 Except as provided in 1.8.4 below, all days count, but if a time limit expires on a day when the central office of the EAT, or the EAT office in Edinburgh (as appropriate), is closed, it is extended to the next working day.
1.8.4 Where the time limit is 5 days (e.g. an appeal against a Registrar's order or direction), Saturdays, Sundays, Christmas Day, Good Friday and Bank Holidays do not count.

(emplaw editor's notes:

1. it has been held albeit in a different context that "......in ordinary parlance in the UK, 'working days' are Mondays to Fridays, excluding Christmas, Easter and Bank Holidays" Lafarge (Aggregates) Ltd v London Borough of Newham [2005] EWHC 1337 on 24th June 2005 Cooke J. at para 57 and see notes at Time-limits/extension of time-limits ).
   
2. the EAT website provides details of EAT Office Christmas and New Year closure dates)

1.9 In this PD any reference to the date of an order shall mean the date stamped upon the relevant order by the EAT ("the seal date").

1.10 The parties can expect the EAT normally to have read the documents (or the documents indicated in any essential reading list if permission is granted under para 6.3 below (see Employment Appeal Tribunal/2004 Practice Direction on procedure/06 Papers for use at the Hearing ) for an enlarged appeal bundle) in advance of any hearing.