Employment Claims Act 2016 · 2020 Revised Edition · Part 3 · Employment Claims
25. Powers of General Division of High Court on appeal
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
On an appeal against an order made by a tribunal, the General Division of the High Court may —
tribunal
“tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970;
dismiss the appeal;
allow the appeal and set aside or vary the order; or
remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal, with any directions that the General Division of the High Court thinks fit to give.
The General Division of the High Court may also make on the appeal any other orders (including an order as to costs and expenses) that the General Division of the High Court thinks fit, but must not —
reverse or vary any determination made by a tribunal on a question of fact; or
receive further evidence.
When deciding an appeal against an order made by a tribunal on a claim for employment assistance payment, or on the calculation of the amount of an employment assistance payment, the General Division of the High Court may take into account the tripartite guidelines on re-employment.
claim
“claim” means a claim lodged with a tribunal, and includes a counterclaim lodged with a tribunal;
When deciding an appeal against an order made by a tribunal on a claim involving a wrongful dismissal dispute, the General Division of the High Court —
wrongful dismissal dispute
“wrongful dismissal dispute” means a dispute, relating to the dismissal of an employee, specified in the Third Schedule.
is to have regard to the tripartite guidelines on wrongful dismissal; and
if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1).