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New Practice Direction
Practice Direction (Employment Appeal Tribunal – Procedure) 2008
The Honourable Mr Justice Elias, President of the EAT, handed down a revised Practice Direction on 22 May 2008.
It is available as a PDF file from the link below, or a printed copy may be obtained from the EAT on request.
Practice Direction 
(124kb)
Summary of Changes
The main changes from the 2004 Practice Direction are:
- New authority (Jurkowska v HLMAD Ltd [2008] EWCA Civ 231) for guidance on extending time (paragraph 3.7).
- Clarification that parties must retain copies of all documents sent to the EAT, and that bundles used at one hearing will not be retained by the EAT for a subsequent hearing (paragraph 6.1).
- Change of time limit for receipt of bundles for Preliminary Hearings from 21 to 28 days (paragraph 6.5).
- Change of time limit for receipt of bundles for Full Hearings from 35 to 28 days (paragraph 6.6).
- Changes to listing categories (paragraph 9.18).
- Parties now should be referred to in skeleton arguments as they were at the Employment Tribunal (i.e. as Claimant and Respondent) - previously this was optional (paragraph 13.2).
- Addition of conciliation as a circumstance which does not excuse delay in lodging/exchanging skeleton arguments (paragraph 13.7).
- Decrease from 21 to 14 days in the time before a Full Hearing by which skeleton arguments must be lodged/exchanged (paragraph 13.9.2).
- Change of domain name in the EAT email addresses (paragraph 13.10).
- Addition of time limit of 10 days before a Preliminary Hearing by which skeleton arguments must be lodged/exchanged (paragraph 14.6).
- Clarification that transcripts of judgments other than from a Full Hearing may be available on the EAT website (paragraph 18.8).
- Clarification that any application for review must be made within 14 days or include an application to extend time (section 20).
- Any application to the EAT for permission to appeal to the Court of Appeal may be made within seven days of a judgment (previously it had to be made at hearing/handing down). Any application to the Court of Appeal for permission to appeal may be made within 21 days of a judgment (previously it had to be made within 14 days) (paragraph 21.1 and consequent changes to paragraphs 18.1-3).
- New section - Conciliation (section 22).
