EAT Scotland stays appeal in EAT England

NCC1701-A

autoplay said:

If I want to appeal against the stay of this claim, I would have to make my appeal to the court of session because the stay was imposed by the Employment Tribunal of Scotland. However, the decisions of the Court of Session are not binding in England and the claim which has been stayed is in England. However, can this work?

(Pay for &) ask a lawyer.

mybestattempt

autoplay said:

If I want to appeal against the stay of this claim, I would have to make my appeal to the court of session because the stay was imposed by the Employment Tribunal of Scotland. However, the decisions of the Court of Session are not binding in England and the claim which has been stayed is in England. However, can this work?

I'm sorry but you also misunderstand that there is only one Employment Appeals Tribunal.

The Employment Appeals Tribunal has jurisdiction for appeals from both the Employment Tribunal (England and Wales) and the Employment Tribunal (Scotland); all the countries of Great Britain

The Employment Appeals Tribunal can consequently make stay orders (and other case management directions) for appeals against decisions of both the Employment Tribunal (England and Wales) and the Employment Tribunal (Scotland). 

All this is stated on the Employment Appeals Tribunal website, in it's rules and practice directions (links can be found earlier in the thread) along with information on appeals against decisions of the Employment Appeals Tribunal to the Court of Appeal or the Court of  Session.

Superior courts rarely interfere with the case management decisions of lower courts and tribunals. Permission to appeal to the higher court must be sought on the grounds that the decision was not permissible in law.

autoplay

 Can I appeal to the Court of Session on the ground that it is not in the interest of justice to stay the claim?

lincroft1710

autoplay said:

 Can I appeal to the Court of Session on the ground that it is not in the interest of justice to stay the claim?

 I am not an expert but If an appeal to a higher court can only be on the grounds that the decision was not permissible in law then I don't think so.

ohreallƳ

Seek accountable advice.

mybestattempt

autoplay said:

 Can I appeal to the Court of Session on the ground that it is not in the interest of justice to stay the claim?

If you don't know after reading both the EAT rules and practice direction then you need professional advice.

The practice direction gives a list of places and organisations for legal advice about errors of law; this forum is not on that list.

autoplay

If really the Employment Appeal Tribunal Scotland is the same Employment Appeal Tribunal as this of England and Wales, I would like to know if an appeal which is in the Employment Appeal Tribunal of Scotland in Edinburg can be transferred to the Employment Appeal Tribunal of England and Wales in London in the same way as a claim in one Employment Tribunal could be transferred to another Employment Tribunal

Undervalued

autoplay said:

If really the Employment Appeal Tribunal Scotland is the same Employment Appeal Tribunal as this of England and Wales, I would like to know if an appeal which is in the Employment Appeal Tribunal of Scotland in Edinburg can be transferred to the Employment Appeal Tribunal of England and Wales in London in the same way as a claim in one Employment Tribunal could be transferred to another Employment Tribunal

You have repeatedly been told that these sorts of highly technical questions cannot reliably be answered by anonymous posters of unknown legal expertise on this sort of forum.

If you are determined to progress this matter then you need to get proper accountable legal advice from a specialist solicitor. 

autoplay

Issue of transfer of claims is not a high technical issue because transfer of claims between Employment Tribunals happen very often. The question is whether it could be the same between Employment Appeal Tribunals

mybestattempt

autoplay said:

Issue of transfer of claims is not a high technical issue because transfer of claims between Employment Tribunals happen very often. The question is whether it could be the same between Employment Appeal Tribunals

No, because, as you have been told on numerous occasions, there is only one Employment Appeals Tribunal which deals with cases from England, Wales and Scotland.

I see there is an almost identical thread on LegalBeagles:

https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues/1709112-eat-scotland-stays-appeal-in-eat-england-and-claim-in-et-england


The same advice and this thread was referenced.