EMPLOYMENT APPEAL TRIBUNAL

Appeals against a decision made by an Employment Tribunal are made to the Employment Appeal Tribunal which will only consider appeals on points of law except on certain appeals from decisions of the Certification Officer where an appeal may be on law or fact. A point of law concerns the interpretation of the legislation and its application to the facts of the case. A decision is wrong if the law has been incorrectly interpreted or applied or if the decision is one which no reasonable tribunal could have reached. The EAT will not normally admit fresh evidence unless, exceptionally, its existence could not have been reasonably known of or foreseen and it would have had an important influence on the hearing.

EAT Rules

Any appeal to the Employment Appeal Tribunal must be made within 42 days of receipt of the full written decision. Means tested legal aid is available for making an appeal. The EAT usually consists of a Judge with two lay members with special knowledge or experience of industrial relations who are drawn in equal numbers from those whose experience comes from representing employers and workers. The lay members are appointed by the Queen on the joint recommendation of the Lord Chancellor and the Secretary of State for Trade and Industry. Jurisdiction extends to England and Wales and Scotland.

Improper Conduct

An appeal which contains a complaint of bias or improper conduct will usually be the subject of specific directions including an order that the complainant swears an affidavit describing what went on in advance of any hearing which is then sent to the other parties concerned for comment.

Further Appeals

An appeal from the Judgment of the EAT is to the Court of Appeal or the Court of Session and applications for permission to take the matter further should be made at the hearing. If an application for permission to appeal is not made at the hearing or is refused an application can be made directly to the Civil Appeals Office at the Royal Courts of Justice or in Scotland to the Court of Sessions.

Time Limits

The time limit for appealing the Registrar's Order is 5 days from the Order appealed.
The time limit for applying for Leave to Appeal to the Court of Appeal is 14 days from the date the Judgment is sent to the parties.

Reviews

The time limit for applying for Review of an Employment Appeal Tribunal Order is 14 days from the date of the Order.

EAT Solicitors

Our panel solicitors deal exclusively in employment matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor just use the helpline, email or complete and send the contact form.