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EAT Scotland stays appeal in EAT England and claim in ET England

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  • EAT Scotland stays appeal in EAT England and claim in ET England

    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
    Tags: None

  • #2
    The Employment Appeal Tribunals of Scotland and this of England and Wales are supposed to be two different jurisdictions but the issue is how much they overlap.

    Comment


    • #3
      Can I ask why do you have a claim in Scotland ET and England & Wales ET?

      The jurisdictions in governed by your contract of employment which should state where that is.

      I think you need to provide us more information on each claim to be able to assist as it will depend on the claim as to the extent of any overlap.


      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.



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      Comment


      • #4
        The Claim that I have in the Employment Tribunal in England and Wales is entirely separate from my claim in Scotland with different employers and different jobs. And, I do not know why the Employment Appeal Tribunal of Scotland has stayed also my claim which is in England.

        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

        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 in the Internet about this issue.

        Comment


        • #5
          I see that you have asked the same question, albeit under a different username on MSE, linked to below and there is nothing further I can add to what has already been said and in particular the guidance in respect of the recently released practice direction.

          https://forums.moneysavingexpert.com...in-eat-england


          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment


          • #6
            In school we learn that Great Britain (GB) is made up of England, Wales and Scotland. However, I have not head of an Employment Appeal Tribunal of Great Britain (GB) but I have heard about an employment Appeal Tribunal of England and Wales and one of Scotland.

            Moreover, if the Employment Appeal Tribunal of Scotland can stay several claims and appeals which are in the Employment Tribunals and in Employment Appeal Tribunals of England and Wales, we will be in an awkward situation because none of these claims and appeals would be in Scotland.

            Furthermore, in case I make an appeal, I may have to attend hearings in Scotland even though I do not live in Scotland and I live far away from it

            Comment


            • #7
              Originally posted by register View Post
              In school we learn that Great Britain (GB) is made up of England, Wales and Scotland. However, I have not head of an Employment Appeal Tribunal of Great Britain (GB) but I have heard about an employment Appeal Tribunal of England and Wales and one of Scotland
              That's because it is just called the Employment Appeal Tribunal. There's no 'of GB' in its name, nor 'of England and Wales' nor 'of Scotland'. Section 20(1) Employment Tribunals Act 1996.

              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment


              • #8
                1996 it is nearly 30 years old. Have you anything more recent?

                Moreover, the legislation to which you refer, as its name indicates, concern mainly the Employment Tribunal and not the Employment Appeal Tribunal.

                Moreover, the Employment Tribunals of England and Wales and this of Scotland are different jurisdictions which have different laws and procedures. If their laws and procedures would be the same they would not be considered as different jurisdictions.

                Hence, there is no reason why the Employment Appeal Tribunal of England and Wales and the Employment Appeal Tribunal of Scotland would not also be different jurisdictions because the Employment Appeal Tribunal is a superior tribunal to the Employment Tribunal and the law taken into account by the Employment Tribunal of England and Wales are different to the law taken into account by the Employment Tribunal of Scotland

                Another evidence why the Employment Appeal Tribunal of England and Wales is a different jurisdiction that the Employment Appeal Tribunal of Scotland is that England and Wales and Scotland are different jurisdictions with different legal systems. And, this is confirmed by the fact they have different chief legal advisor because the chief legal advisor for the UK government in England and Wales is the Attorney General and the chief legal advisor for the Scottish Government is the Lord Advocate.

                Comment


                • #9
                  You seem to be obsessed with the idea that there are separate EATs in the different jurisdictions of the UK despite being told on more than one forum that there is only one Employment Appeal Tribunal. If you don't believe what you are being told online appoint a solicitor to advise you and pay them for their opinion.

                  Originally posted by register View Post
                  1996 it is nearly 30 years old. Have you anything more recent?

                  Moreover, the legislation to which you refer, as its name indicates, concern mainly the Employment Tribunal and not the Employment Appeal Tribunal.
                  The age of the legislation is irrelevant. It is whether it is still in force that matters. It is.

                  It does not deal mainly with ETs not the EAT. Part I (ss 1 - 19) deals with ETs, Part II (ss 20 - 37) deals with the EAT.
                  All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                  Comment


                  • #10
                    This forum has a legal forum about Scotland concerning issues and queries regarding the law in Scotland which is evidence that England and Wales and Scotland are different jurisdictions

                    Irrespectively of whether or not the Employment Appeal Tribunal of England and Wales and the Employment Appeal Tribunal of Scotland are different jurisdictions, I find strange that if I want to make an appeal against the staying of my claim which is in England I have to make an appeal to the Court of Session of Scotland and I may have to travel to Scotland to attend an hearing about my appeal even though my appeal is in England and I am myself living in England

                    Comment


                    • #11
                      What reasons have been given to stay the appeal?


                      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                      I do my best to provide good practical advice, however I do so without liability.
                      If you have any doubts then do please seek professional legal advice.


                      You can’t always stop the waves but you can learn to surf.

                      You are braver than you believe, smarter than you think and stronger than you seem.



                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Comment


                      • #12
                        We speak about the Employment Appeal Tribunal of England and Wales and we speak separately of the Employment Appeal Tribunal of Scotland.

                        However, we do not speak separately of the Employment Appeal Tribunal of England, of this of Wales and of this of Scotland.

                        We say the Employment Appeal Tribunal of England and Wales. This means that the Employment Appeal Tribunal of England is linked to the Employment Appeal Tribunal of Wales and as a consequence we can say that the Employment Appeal Tribunal of Wales is the same as this of England.

                        However, we cannot say the same thing concerning the Employment Appeal tribunal of Scotland and we do not say the Employment Appeal Tribunal of England, Wales and Scotland.

                        There is a link between the Employment Appeal Tribunal of Wales and this of England and it why we say the Employment Appeal Tribunal of England and Wales. However, there is not such a link between the Employment Appeal Tribunal of England and of this of Scotland.
                        Therefore there is a link between the Employment Appeal Tribunal of England and this of Wales which does not exist between the Employment Appeal Tribunal of England and this of Scotland. And, it is because this missing link that I would say that the Employment Appeal Tribunal of England is a different jurisdiction that this of Scotland

                        Great Britain is made up of three parties England, Wales and Scotland. Hence, if the Employment Appeal Tribunal of Scotland was really the same Employment Appeal Tribunal as this of England and Wales, there is no reason why we would not say the Employment Appeal Tribunal of England, Wales and Scotland instead of saying the Employment Appeal Tribunal of England and Wales and the Employment Appeal Tribunal of Scotland.

                        Moreover, there is an office of the Employment Appeal Tribunal in London which is the capital of London and another in Edinburgh which is the capital of Scotland. However, there is no office in Cardiff which is the capital of Wales and even though Cardiff is also far away from London.

                        Furthermore, when we issue an appeal at the Employment Appeal Tribunal, we are given an appeal number and if the appeal is issued in the Employment Appeal Tribunal of Scotland this number contains the term SCO in the middle.

                        Comment


                        • #13
                          I would like to add that we hear about the Employment Appeal Tribunal of England and Wales but we do not hear about the Employment Appeal Tribunal of England and Scotland because the Employment Appeal Tribunal of England and this of Wales are the same jurisdiction but this of England and this of Scotland are not the same jurisdiction

                          Comment


                          • #14
                            There is no Employment Appeal Tribunal of England and Scotland, however; there is one of England and Wales which would imply that England and Wales is a different jurisdiction that Scotland

                            Comment


                            • #15
                              There is another problem which is that if I want to make an appeal against the stay of my claim, I would have to make it to the Court of Session because my claim was stayed by the Employment Appeal Tribunal (EAT) of Scotland even though my claim has been issued in England. However, Employment Law judgements made in Scotland’s Court of Session are not binding in England/Wales (and vice versa at the Court of Appeal) which seems to be very messy situation

                              Comment

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