INDUSTRIAL TRIBUNALS 1 These Rules may be cited as the Employment Appeal Tribunal (Amendment) Rules 1988 and shall come into force on 29th December 1988. 2 In these Rules a rule referred to by number means the rule so numbered in the Employment Appeal Tribunal Rules 1980 , and a form referred to by number means the form so numbered in the Schedule to those Rules. 3 In rule 5(b), for “section 8 of the Act” there shall be substituted “section 8 of the Employment Protection Act 1975 ”. 4 For rule 8 there shall be substituted— Application under section 5 of the Employment Act 1980 or under section 5 of the Employment Act 1988 8 Every application to the Appeal Tribunal for: a an award of compensation for unreasonable exclusion or expulsion from a trade union; or b one or both of the following, that is to say— i an award of compensation for unjustifiable discipline; ii an order that the union pay to the applicant an amount equal to any sum which he has paid in pursuance of a determination falling within subsection (5)(b) of section 3 of the Employment Act 1988; shall be made in writing in, or substantially in, accordance with Form 5 in the Schedule to these Rules and shall be served on the Tribunal together with a copy of the decision or order declaring that the applicant’s complaint against the trade union was well-founded. . 5 In rule 9, for “rule 8” there shall be substituted “rule 8(a)”. 6 For rule 11 there shall be substituted— Appearance by respondent trade union 11 1 Subject to paragraph (2) of this rule, a respondent trade union wishing to resist an application under rule 8 shall within 14 days of receiving the sealed copy of the application enter an appearance in, or substantially in, accordance with Form 6 in the Schedule to these Rules and setting out the grounds on which the union relies. 2 Paragraph (1) above shall not require a respondent trade union to enter an appearance where the application is before the Appeal Tribunal by virtue of having been transferred there by an industrial tribunal and, prior to that transfer, the respondent had entered an appearance to the proceedings before the industrial tribunal. . 7 In rule 17(2)— a for “three” there shall be substituted “five”; and b after “appealed from” there shall be inserted “; and”. 8 In rule 21, for “section 5(2) of the Employment Act 1980” there shall be substituted— section 5 of the Employment Act 1980 or section 5 of the Employment Act 1988 . 9 In rule 25A— a in the heading, after “ 1980 ” there shall be added “ or section 5 of the Employment Act 1988 ”; b in paragraph (1), for “section 5(2) of the Employment Act 1980” there shall be substituted— section 5 of the Employment Act 1980 or under section 5 of the Employment Act 1988 ; and c for paragraph (2) there shall be substituted— 2 Without prejudice to rule 25, where the Appeal Tribunal makes an order in respect of an application to which this rule applies, and that order— a makes an award of compensation, or b is or includes an order of the kind referred to in rule 8(b)(ii), or both, the Registrar shall as soon as may be enter a copy of the order, sealed with the seal of the Tribunal, into the Register. . 10 For Forms 1, 5 and 6 there shall be substituted— Form 1 Notice of Appeal from Decision of Industrial Tribunal Rule 3 Form 5 Application to the Employment Appeal Tribunal for Compensation for Unreasonable Exclusion or Expulsion from a Trade Union or for Compensation or an Order in respect of unjustifiable discipline Rule 8 Form 6 Notice of appearance to Application to Employment Appeal Tribunal for Compensation for Unreasonable Exclusion or Expulsion from a Trade Union or for Compensation or an Order in respect of unjustifiable discipline Rule 11 . Mackay of Clashfern, C. 28th November 1988