England, Wales and Scotland · Employment Appeal Tribunal
When must I enter an appearance to resist an EAT restriction order application?
A person named in a Rule 13 restriction of proceedings order application who wishes to resist it must enter an appearance within 14 days of receiving its sealed copy. Use Form 7, or a substantially conforming appearance, accompanied by an affidavit in support. This is a receipt-based response, not an ordinary Employment Tribunal appeal.
- Period
- Within 14 days of receiving the sealed application
- Trigger
- Receipt of the sealed copy of the Rule 13 application
- Rule
- EAT Rules 1993, rules 13–16, particularly rule 15
Revised official text retrieved October 4, 2026
Source guide · No automated date
Identify receipt and prepare the Rule 15 appearance
This statutory response uses actual receipt of a sealed application and requires a supporting affidavit. The counting model and independent fixtures remain unverified, so this page supplies no computed date or paid calculation record.
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Which receipt event starts the response?
Rule 13 concerns an application by the Attorney General or Lord Advocate for a restriction of proceedings order under section 33 of the Employment Tribunals Act 1996.
Rule 14 requires the Registrar to seal the application and serve a sealed copy on the named person and specified officials.
Rule 15 starts the named person’s appearance window from receiving the sealed copy. Preserve the copy and receipt evidence. The date of sending or sealing does not replace receipt.
EAT Rules 1993, rule 15How should I check the 14-day response window?
- Confirm that you are named in the Rule 13 application and intend to resist it.
- Preserve evidence of receiving the sealed copy.
- Read Rule 37 and any order altering time.
- Complete the appearance and supporting affidavit, and preserve delivery evidence.
Rule 15 identifies a 14-day receipt-based period. The receipt date differs from the application’s sending or sealing date. This source guide does not publish a counting result while the forum model and independent fixtures remain unverified.
Rule 37(2) addresses an act that cannot be completed because the appropriate EAT office is closed on the last day. Check that condition rather than assuming every closed day automatically extends time.
Rule 37(1A) requires an act due on a particular day to be completed by 4pm on that day. Preserve evidence that the notice of appearance and supporting affidavit were delivered.
EAT Rules 1993, rule 37Why is there no computed appearance date?
The forum counting model and independent date fixtures remain unverified. The source guide preserves the statutory receipt trigger without publishing an automated result.
What qualifications apply to this appearance?
- Person resisting the application
- Rule 15 applies to a person named in a Rule 13 application who wishes to resist it. It is not the appellant’s ordinary notice of appeal.
- Supporting affidavit
- Rule 15 requires the appearance to be accompanied by an affidavit in support. The affidavit is not an optional attachment.
- Extension or alteration by order
- Rule 37(1) permits time to be extended or abridged by Tribunal order. It does not establish that any extension has been granted.
- Failure to participate in time
- Rule 26(1) permits the EAT to debar further participation or make another appropriate order following failure to deliver the required appearance in time. Rule 26(3) expressly addresses an opportunity to make representations before striking out an appeal or answer, or part of either. The text does not label every possible sanction automatic.
- This guide does not decide whether the restriction order should be made.
- The source review does not remove the existing calculation verification flag.
What must I prepare to resist the application?
Common questions
Receipt and required documents
Does this period start when the sealed application is sent?
No. Rule 15 uses receipt of the sealed copy. Preserve evidence of when you received it.
EAT Rules 1993, rule 15Can I omit the supporting affidavit?
Rule 15 requires the appearance to be accompanied by an affidavit in support. It also requires Form 7 or a substantially conforming appearance.
EAT Rules 1993, rule 15The restriction procedure
Is this the ordinary notice of appeal against an Employment Tribunal decision?
No. Rules 13–15 concern a restriction of proceedings order application and a named person’s appearance to resist it. They do not provide the ordinary appeal trigger.
EAT Rules 1993, rule 13Who sends the appearance to the Attorney General or Lord Advocate?
Rule 16 requires the Registrar to serve a copy on the Attorney General or Lord Advocate after receiving the Rule 15 appearance.
EAT Rules 1993, rule 16Official sources and scope
Provisions used (6)
| Provision | Purpose |
|---|---|
| EAT Rules 1993, rule 13 | Restriction application and supporting affidavit |
| EAT Rules 1993, rule 14 | Registrar sealing and service of the sealed application |
| EAT Rules 1993, rule 15 | Receipt-based response, Form 7 and supporting affidavit |
| EAT Rules 1993, rule 16 | Registrar service of the appearance |
| EAT Rules 1993, rule 26 | Discretionary consequences of noncompliance and striking-out safeguards |
| EAT Rules 1993, rule 37 | Alteration by order, 4pm completion and conditional office closure |