What is the Employment Appeal Tribunal?
If you or your employer lose your case in the Employment Tribunal, you can appeal to the Employment Appeal Tribunal (EAT). The EAT was created under section 20 of the Employment Tribunals Act 1996. All appeals from the Employment Tribunal must be heard by the EAT, which has the same status as the High Court.
Rules of the EAT
The EAT has its own Rules of Procedure which MUST be read together with the Employment Appeal Tribunal Practice Direction.
You must submit your Notice of Appeal within 42 days. Time limits are set under Rule 3 of the Rules of Procedure and paragraphs 5.1-5.4 of the Practice Direction.
How do I appeal?
You are the appellant. You submit a Notice of Appeal, to the EAT together with the correct documents a copy of the decision or order of the Employment Tribunal that you wish to appeal, and a copy of the reasons for the decision or order of the Employment Tribunal. You must do this within the 42 day time limit. Cases are usually heard within nine months of submitting the notice of appeal. You will have to pay £400 with your notice of appeal and a £1200.00 hearing fee if your case goes to a full hearing. You can hand deliver, post, fax or email your notice of appeal to the EAT Office.
The Notice of Appeal
The Notice of Appeal must be in one of the prescribed forms in the Schedule to the Employment Appeal Tribunal Rules 1993. You will use;
- Form 1, for appeals against a judgment or order of an employment tribunal (see below)
- Form 1A, for appeals from the Central Arbitration Committee
- Form 2, for appeals against a decision of the Certification Officer
- Your employer is the respondent to your appeal, just as in the Employment Tribunal. You should provide;
- the names and postal addresses of the parties (You and your Employer)
- the date of the judgment, decision or order that you are appealing against
- a reference to the documents that you must attach to the Notice of Appeal or an explanation if you don’t have all the documents
- the grounds of appeal and the order that you are seeking from the Court
Example Notice of Appeal
EAT Form 1 – Notice of Appeal from Decision of Employment Tribunal
1. The appellant is (your name and address).
2. Any communication relating to this appeal may be sent to the appellant at (your address for service and telephone number).
3. The appellant appeals from (here give particulars of the judgment, decision or order of the employment tribunal from which the appeal is brought including the location of the employment tribunal and the date).
4. The parties to the proceedings before the employment tribunal, other than the appellant, were (names and addresses of other parties to the proceedings resulting in judgment, decision or order appealed from).
5. Copies of—
(a) the written record of the employment tribunal’s judgment, decision or order and the written reasons of the employment tribunal;
(b) the claim (ET1);
(c) the response (ET3); and/or (where relevant)
(d) an explanation as to why any of these documents are not included; are attached to this notice.
6. If the appellant has made an application to the employment tribunal for a review of its judgment or decision, copies of—
(a) the review application;
(b) the judgment;
(c) the written reasons of the employment tribunal in respect of that review application; and/or
(d) a statement by or on behalf of the appellant, if such be the case, that a judgment is awaited; are attached to this Notice. If any of these documents exist but cannot be included, then a written explanation must be given.
7. The grounds upon which this appeal is brought are that the employment tribunal erred in law in that (here set out in paragraphs the various grounds of appeal).
Grounds of appeal
You can appeal a Question of Law arising from any decision of an Employment Tribunal or arising in any proceedings before an Employment Tribunal. In the case of Yeboah v Crofton  the Court of Appeal said that a Question of law arises where the Employment Tribunal;
- has misdirected itself in law, misunderstood the law or misapplied the law
- did not have any evidence to support a particular conclusion or finding of fact, or
- made a decision that was either perverse in that it was one which no reasonable tribunal, directing itself properly on the law, could have reached, or was one which was obviously wrong
Cases where an Employment Tribunal has misdirected itself in law, misunderstood the law or misapplied the law include where the Employment Tribunal has;
- asked itself the wrong legal question
- misconstrued a statutory provision
- ignored a legal requirement
- applied the wrong legal test
- exercised a discretion based on the wrong principles, or failed to exercise a discretion at all
- failed to give any, or any adequate reasons for its decisions
- conducted the proceedings with a procedural irregularity or some other procedural unfairness
Hearings are conducted by a judge sitting alone or by a judge and two lay members. The judge is normally a High Court or circuit judge. Sometimes the judge will be a Recorder or Commissioner. The lay members have practical experience in employment relations (one on the employers’ side and one on the employees’).