When is the deadline for object that a cross-appeal or answer raises a new point not taken below?
The catalogue records a 28 days period from Seal date of the respondent's answer. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Calculation basis and source
- Period
- 28 days
- Trigger
- Seal date of the respondent's answer
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- A procedural expectation rather than a bar; the EAT retains a discretion to entertain the objection later, and PD 8.13.6 allows it to ask the employment tribunal to comment on any unresolved dispute.
- The general position is PD 8.13.1: "The EAT generally will not consider an argument that was not advanced before an Employment Tribunal." A party wishing to raise a new point must apply on the Annex 2 form at the point of filing its notice of appeal, answer or reply (PD 8.13.2).