EAT Scotland stays appeal in EAT England

autoplay

I have an appeal and a claim in Scotland and an appeal and a claim in England.

I would like to know if the Employment Appeal Tribunal of Scotland has the right to stay this appeal which is in the Employment Appeal Tribunal of England and this claim which is in the Employment Tribunal in England.

I would like to know which legislation deals with this issue

mybestattempt

autoplay said:

I have an appeal and a claim in Scotland and an appeal and a claim in England.

I would like to know if the Employment Appeal Tribunal of Scotland has the right to stay this appeal which is in the Employment Appeal Tribunal of England and this claim which is in the Employment Tribunal in England.

I would like to know which legislation deals with this issue

It is not unusual for appeal proceedings to be stayed where the outcome of an another appeal in the same or another tribunal or court might affect the outcome of those proceedings.

The legal authority to do this lies within the rules of the Tribunal.

Assuming the EAT has ordered/directed a stay in proceedings, what does it say about the reasons and does it refer to the rule under which it was made?

autoplay

The order of the Employment Appeal Tribunal of Scotland only says that both my appeal in Scotland and this is England are stayed even though they are about two different claims, one issued in Scotland and the other issued in England and even though the Employment Appeal Tribunal of Scotland is supposed to be a different jurisdiction that this of England and Wales.

mybestattempt

autoplay said:

The order of the Employment Appeal Tribunal of Scotland only says that both my appeal in Scotland and this is England are stayed even though they are about two different claims, one issued in Scotland and the other issued in England and even though the Employment Appeal Tribunal of Scotland is supposed to be a different jurisdiction that this of England and Wales.

There is only one Employment Appeals Tribunal for all the countries of Great Britain:

https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-appeal-tribunal/the-work-of-the-employment-appeal-tribunal/

It has two offices one in London and the other in Edinburgh for administrative purposes.

The same rules and practice directions apply to all cases from appeals against Employment Tribunal decisions in England, Wales and Scotland:

https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-appeal-tribunal/employment-appeal-tribunal-guidance-and-information/

You have posted in the past about an Employment Tribunal claim against a former employer, now you refer to two separate claims.

It's possible the EAT may have stayed both while it considers whether they should proceed together.

What, if anything, links them other than you?

autoplay

I do not remember about what were the posts I posted in the past.

England, Wales and Scotland are the same country, however; I found the following evidence that the Employment Appeal Tribunal of England  and Wales and the Employment Appeal Tribunal of Scotland  are two different jurisdictions:

https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-tribunal/employment-tribunal-scotland/about-the-employment-tribunals-scotland/

which says”

“There are two separate jurisdictions for Employment Tribunals in Great Britain: one for England and Wales and one for Scotland. Each is led by a senior judge (who has the statutory title of President) and each has its own independent judiciary. They have shared rules of procedure, known as the Employment Tribunals Rules of Procedure, and they sometimes issue joint directions and guidance, which can be found on these web pages”

The fact that they have two different name one is called Employment Appeal Tribunal of England and Wales and the other is called the Employment Appeal Tribunal of Scotland

An appeal against a decision of he Employment Appeal Tribunal in England and Wales should be made in the Court of Appeal in London and an appeal against a decision of the Employment Appeal tribunal in Scotland should be made in the Court of Session in Edinburgh. The Court of Appeal and the Court of Session have entirely different rules

In conclusion, it seems to me that they shares rules of procedures and sometimes they issue joint directions and guidance which can be found in Internet that you have provided in your last post but they are different jurisdictions and in the circumstance I need to know if  the Employment Appeal Tribunal of Scotland has the right to stay this appeal which is in the Employment Appeal Tribunal of England and this claim which is in the Employment Tribunal in England taking into account that there could be other legislations I am not aware of.

mybestattempt

autoplay said:

I do not remember about what were the posts I posted in the past.

England, Wales and Scotland are the same country, however; I found the following evidence that the Employment Appeal Tribunal of England  and Wales and the Employment Appeal Tribunal of Scotland  are two different jurisdictions:

https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-tribunal/employment-tribunal-scotl/about-the-employment-tribunals-scotland/

which says”

“There are two separate jurisdictions for Employment Tribunals in Great Britain: one for England and Wales and one for Scotland. Each is led by a senior judge (who has the statutory title of President) and each has its own independent judiciary. They have shared rules of procedure, known as the Employment Tribunals Rules of Procedure, and they sometimes issue joint directions and guidance, which can be found on these web pages”

The fact that they have two different name one is called Employment Appeal Tribunal of England and Wales and the other is called the Employment Appeal Tribunal of Scotland

An appeal against a decision of he Employment Appeal Tribunal in England and Wales should be made in the Court of Appeal in London and an appeal against a decision of the Employment Appeal tribunal in Scotland should be made in the Court of Session in Edinburgh. The Court of Appeal and the Court of Session have entirely different rules

In conclusion, it seems to me that they shares rules of procedures and sometimes they issue joint directions and guidance which can be found in Internet that you have provided in your last post but they are different jurisdictions and in the circumstance I need to know if  the Employment Appeal Tribunal of Scotland has the right to stay this appeal which is in the Employment Appeal Tribunal of England and this claim which is in the Employment Tribunal in England taking into account that there could be other legislations I am not aware of.

I am very surprised you don't remember your previous threads as in one I gave you advice about Employment Tribunal rules!

Nevertheless, the link and extract in your post above are about Employment Tribunals which are separate to and distinct from the Employment Appeals Tribunal. 

Employment Tribunals can decide to transfer cases from it's jurisdiction to the jurisdiction of another Employment Tribunal.


Appeals against decisions made by Employment Tribunals are made to the superior Employment Appeals Tribunal.

The jurisdiction of the Employment Appeals Tribunal is all the countries of Great Britain.

The links I have given all relate to the Employment Appeals Tribunal. If you read them you will see that it's rules relate to England, Wales and Scotland.

My view is that the Employment Appeals Tribunal can stay appeals which are made against decisions of both and either the Employment Tribunal (Scotland) and the Employment Tribunal (England)

I wonder if there has been a decision to transfer one of your Employment Tribunal cases to the other jurisdiction and you or the other party have objected to/appealed the transfer decision, hence the involvement of the Employment Appeals Tribunal?

Without more information about events that resulted in the stay order and your apparent confusion about the distinction between Employment Tribunals and the Employment Appeals Tribunal it's difficult to give other than general advice.

autoplay

The documents to which you make reference show the procedure which are the same, however the law in England and Wales is not the same as the law in Scotland and I think that it is why appeals against decisions from the Employment Appeal Tribunal in England and Wales should be made in the Court of Appeal and appeals against decisions from the Employment Appeal Tribunal in Scotland should be made to the Court of Session

There has been no transfer

It remains the issue that appeals against decisions from the Employment Appeal Tribunal in England and Wales should be made in the Court of Appeal and appeals against decisions from the Employment Appeal Tribunal in Scotland should be made to the Court of Session. If they we really two separate jurisdictions all appeals should be made in the Court of Appeal

If I have to make an appeal against this decision to stay my employment tribunal claim that I have in England I would have to make this appeal to the Court of Session in Scotland because it was made by the Employment Appeal Tribunal in Scotland even though this claim in England what is strange

I am still not sure and I lack of document which explain whether or not the Employment Appeal Tribunal of Scotland can stay a claim which in the Employment Tribunal in England

autoplay

When I ask the question in Google, Artificial Intelligence (IA) replies that the Employment Appeal Tribunal of Scotland cannot stay a claim which in the Employment Tribunal in England because they are difference jurisdictions and as a consequence only the Employment Appeal Tribunal of England can stay an employment tribunal claim which is in England.

However, Artificial Intelligence is not always accurate and I do not have any documents from the Internet about this issue.

autoplay

The beginning of the proceedings are separate jurisdictions because the Employment Tribunal of England and Wales is a different jurisdiction that the Employment Tribunal of Scotland. And, the end of the proceedings are also different jurisdictions because the Court of Appeal is a different jurisdiction that the Court of Session. Hence, it seem to me that in the same for a question of common sense in the middle of the proceedings the  Employment  Appeal Tribunal of Scotland should also be a different jurisdiction that the Employment Appeal Tribunal of England and Wales.

Unless, there is nothing that I have not understood and unfortunately there is not a lot of information about this in the Internet.

mybestattempt

autoplay said:

The beginning of the proceedings are separate jurisdictions because the Employment Tribunal of England and Wales is a different jurisdiction that the Employment Tribunal of Scotland. And, the end of the proceedings are also different jurisdictions because the Court of Appeal is a different jurisdiction that the Court of Session. Hence, it seem to me that in the same for a question of common sense in the middle of the proceedings the  Employment  Appeal Tribunal of Scotland should also be a different jurisdiction that the Employment Appeal Tribunal of England and Wales.

Unless, there is nothing that I have not understood and unfortunately there is not a lot of information about this in the Internet.

I believe you have misunderstood, perhaps these will help you understand:


https://www.judiciary.uk/structure-of-courts-and-tribunals-system/


https://www.hierarchystructure.com//wp-content/uploads/2015/05/Scottish-courts-hierarchy.jpg


You will see that there is only one Employment Appeals Tribunal.

It deals with appeals against decisions of both the Employment Tribunal (Scotland) and the Employment Tribunal (England and Wales).

This is clear from the latest practice direction:

https://www.judiciary.uk/guidance-and-resources/practice-direction-of-the-employment-appeal-tribunal-2024/

If you read section 13 it explains about appeals against decisions of the Employment Appeals Tribunal to either the Court of Appeal or the Court of Session.

Undervalued

autoplay said:

The beginning of the proceedings are separate jurisdictions because the Employment Tribunal of England and Wales is a different jurisdiction that the Employment Tribunal of Scotland. And, the end of the proceedings are also different jurisdictions because the Court of Appeal is a different jurisdiction that the Court of Session. Hence, it seem to me that in the same for a question of common sense in the middle of the proceedings the  Employment  Appeal Tribunal of Scotland should also be a different jurisdiction that the Employment Appeal Tribunal of England and Wales.

Unless, there is nothing that I have not understood and unfortunately there is not a lot of information about this in the Internet.

I think what you are involved in here is beyond the scope of DIY with a bit of help from anonymous forum members.

@mybestattempt seems to me to have given you excellent and reasoned advice but if you are going to proceed at EAT level I think you need to be properly represented by a lawyer who specialises in this area of law.