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• 01 Nov 2024

• Yes

  Complex

  Yes. Section 22(1) of the Welsh Language Act 1993 gives the right for any “party, witness or other person” who desires to use Welsh in any legal proceedings in Wales to use it. Proceedings before the ETW would be “proceedings in Wales” for the purpose of the 1993 Act. 

  It is sensible to raise the matter with the ETW at an early stage to ensure that practical arrangements for translation of documents and/or interpretation of hearings can be put in place.

  It is unclear what the position would be in respect of the Upper Tribunal. If sitting in Wales, then appellate proceedings before it are likely to be “proceedings in Wales” also. 

  However, in Williams v Cowell [2000] 1 WLR 187 the Court of Appeal held that an appeal before the Employment Appeal Tribunal, sitting in London hearing an appeal from the Employment Tribunal sitting in Cardiff, were separate proceedings to the underlying claim and so there was no right to use the Welsh language. Applying the decision in Williams were the Upper Tribunal (or any appellate Court hearing an appeal from the ETW) to sit outside of Wales then a party would not be permitted to use the Welsh language.

  Nodi thinks that there is a real possibility that if a party requested that they be permitted to use the Welsh language that the Upper Tribunal would either sit in Wales or alternatively exercise its discretion to hear them through the medium of Welsh.

  The right to use the Welsh language within the proceedings is separate to the co-equal status of both the Welsh and English language of any legislative text.

  Nodi glossary:  Education Tribunal Wales

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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