Appeals Tribunal

Constitution of Appeals Tribunal – Appendix B of the rules.

  1. Each member of the Tribunal shall be required to undergo or have already undergone equality and diversity training
  2. Five members of the Appeals Tribunal shall form a quorum, provided that, if for any reason any member of the tribunal who has consented to adjudicate on any appeal informs the chair of his/her inability to complete the hearing, the remaining four members may adjudicate, and their decision shall be final.
  3. The members of the Appeals Tribunal shall be called together by the General Secretary or other official appointed by him/her as soon as may be following their election for the purpose of appointing a chair and conducting other appropriate business. The chair thereafter shall be responsible for convening meetings of the tribunal as and when its services are required.
  4. Decisions of the tribunal shall be on the basis of a majority vote, the chair having a deliberative but not a casting vote.
  5. Subject to the discretion of the tribunal any member of the union may attend the hearing of an appeal on production of his/her membership card, but he/she shall take no part in the proceedings.
  6. Subject to the terms of paragraph 6 each appeal shall be heard by the tribunal as a new trial of the issue as laid before the NEC or the Ethics Council, and the parties to such issue and a member of the NEC and/or the Ethics Council shall be entitled to be present. Subject to the rules the tribunal may impose any penalty which it deems appropriate.
  7. Where, however, the appellant, when lodging his/her appeal, states in writing that he/she is specifically restricting such appeal to the penalty or penalties imposed by the NEC and/or the Ethics Council, the appellant and a representative of the NEC and/or the Ethics Council shall attend and be heard in that regard. Subject to the rules the tribunal may confirm, mitigate or increase any penalty imposed by the NEC and/or the Ethics Council.
  8. The normal procedure shall be as follows, subject to any additional provision which may be considered desirable:
    1. The appellant shall state the substance of his/her case in writing and be allowed to add to it orally; he/she may be questioned by the respondent.
    2. The respondent shall state the substance of his/her case in writing and be allowed to add to it orally; he/she may be questioned by the appellant.
    3. Where there are more than two parties, each party shall similarly state his/her case, and, may be questioned by the other parties.
    4. Witnesses may be called by the parties or the tribunal and may be questioned by the parties.
    5. The parties shall conclude their submissions by making any further statements in extenuation or clarification but shall not introduce new evidence. The respondent shall speak first and the appellant last.
    6. Any member of the tribunal may question any party or witness, subject always to the authority of the chair.
  9.  
    1. Witnesses, or persons nominated as witnesses at the hearing by the NEC or the Ethics Council, or by a complaints committee, may be heard by the tribunal, provided the parties concerned advise the General Secretary in writing not less than 10 days before the date of hearing of their desire to have them summoned and to have them produce before the tribunal any specified documents or records.
    2. In addition, the tribunal may require the General Secretary or person acting with his authority to summon other witnesses they desire to hear.
  10. Decisions of tribunal, including the grounds for all its decisions, signed by the chair, shall be published to the parties concerned and, with the consent of the editor, may be published in the union’s journal.
  11. Head Office shall supply whatever clerical assistance may be necessary for the efficient performance of the duties of the tribunal and for the maintenance of its records.
  12. The tribunal may require the attendance of a member of the NEC or an official nominated by the NEC as an adviser, but not as an assessor, on the rules of the union or on interpretations of these rules made in accordance with provisions of Rule 8(r).
  13. No member of the tribunal shall adjudicate on an issue in which he/she is, or was, personally or otherwise directly involved.