65 Appeals from the Employment Appeal Tribunal to the Supreme Court

65  Appeals from the Employment Appeal Tribunal to the Supreme Court

In the Employment Tribunals Act 1996, after section 37 insert—

“37ZA Appeals to Supreme Court: grant of certificate by Appeal Tribunal

(1)     If the Appeal Tribunal is satisfied that—

(a)     the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal Tribunal's decision or order in any proceedings, and

(b)     as regards that decision or order, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 37ZB,

the Appeal Tribunal may grant a certificate to that effect.

(2)     The Appeal Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.

(3)     The Appeal Tribunal may not grant a certificate under this section in the case of proceedings in Scotland.

(4)     The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that point of law is—

(a)     a point of law that—

(i)     relates wholly or mainly to the construction of an enactment or statutory instrument, and

(ii)     has been

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