The Employment Appeal Tribunal (EAT) hears appeals from employment tribunals across England, Wales and Scotland. It also hears appeals made by the Certification Officer and the Central Arbitration Committee.
Jurisdiction of the Employment Appeal Tribunal
The EAT has jurisdiction to hear appeals on points of law, procedural unfairness, bias and improper conduct on part of the employment tribunal judge. For an appeal on a point of law, it is not sufficient to argue that a different decision should have been arrived at. The EAT cannot review findings of fact by the employment tribunal, and will in almost all cases refuse to consider fresh evidence.
Bringing an appeal
An appeal is brought through submission of a Notice of Appeal to the EAT, which clearly states the points of law upon which the appeal is grounded. An appeal cannot be grounded on general contentions, known as “perversity appeals”, such as that the judgement was contrary to the evidence or that the judgment was unreasonable.
As with proceedings before the employment tribunal, the EAT will encourage the parties to enter into alternative dispute resolution, which in nearly all cases must be considered again at the appeal stage. The EAT judge may direct the parties to enter conciliation and report on steps made towards settlement.
Time Limits for appeals to the Employment Appeal Tribunal
A Notice of Appeal must be received by the EAT within 42 days from the date of receipt of the written reasons for the employment tribunal’s decision, or, if written reasons were not requested, 42 days from the tribunal’s judgment.
The EAT may waive these time limits if good reasons are provided. These do not generally include awaiting approval for public funds for litigation or that negotiations between the parties are ongoing.
Cost of bringing an appeal
In 2017, the UK’s Supreme Court held that the then compulsory fee structure for making a claim to the employment tribunal or Employment Appeal Tribunal was unlawful. The effect of this decision was to revert the system back to its pre-2013 status, which made it free to bring a claim before the employment tribunals.
It is imperative to note that free access to the Employment Appeal Tribunal does not prevent an adverse cost award being made against a claimant if they should lose their appeal against their employer.
Appealing decisions of the Employment Appeal Tribunal
If a party feels they have viable grounds for appeal, they can appeal a decision of the EAT to the English & Welsh Court of Appeal.
Employment Law - Information on Fees
For information on fees and funding relating to Employment Law cases, please see our information page.
Contact our Employment Appeal Tribunal Solicitors London, Mayfair Today
Due to the relatively narrow grounds for appeal to the EAT, these cases can be difficult. It is highly advisable to seek the advice of an Employment Solicitor to determine whether taking an appeal further is in your interests.
At Lewis Nedas, our Employment Law Solicitors have over 25 years’ experience advising and representing national and international companies. Our Employment Lawyers have joined the Office Essential Network, which is a specialist organisation aimed at assisting young start-up businesses requiring advice on employment issues, including litigation before the employment tribunal.