There are several reasons why you might appeal to the Employment Appeal Tribunal. Check the grounds of appeal if you feel there was a legal problem or a mistake.
APPEAL EAT DECISION: This guide is for those who already appealed or they got taken to an employment tribunal. Grounds to make an appeal to the Employment Appeal Tribunal (EAT) include:
The Employment Appeal Tribunal operates independent of the government. EAT will listen and consider both sides of an argument before they make their decision. Even so, you should always seek legal advice if you need help appealing an EAT decision.
The original employment tribunal hearing procedure will have made a previous decision. You will need copies of these reasons. Thus, ask the employment tribunal to send them to you (unless you already have copies).
Note: Your appeal to the Employment Appeal Tribunal may continue while you get the papers. There is no fee to make an appeal to the Employment Appeal Tribunal.
Employment Appeal Tribunal Public Enquiry Line
Telephone: 020 7273 1041 (England and Wales)
Telephone: 0131 225 3963 (Scotland)
List of phone call charges in the United Kingdom.
You will need to download and fill in the Notice of Appeal form T444. Add any supporting documents listed on the form before you send it back. You can return the form by email, fax, or post to the Employment Appeal Tribunal (EAT) office.
You must make your appeal within 42 days of the date that either:
Note: All EAT appeals must arrive at their office by 4pm on the final day.
A late request for an appeal may get considered. But, note that appeal extensions are rarely given without a valid reason.
Employment Appeal Tribunal (EAT)
2-6 Salisbury Square
London EC4Y 8AE
Telephone: 020 7273 1041
Fax: 01264 785 028
Employment Appeal Tribunal (EAT)
52 Melville Street
Edinburgh EH3 7HF
Telephone: 0131 225 3963
Fax: 01264 785 030
Once you make the appeal EAT will then decide whether the case can go ahead. They might ask you to attend a hearing. This allows you to present your case. They will send a letter explaining why if the appeal cannot go ahead. The letter will inform you whether a further appeal is an option.
In some cases, you will need to attend a tribunal hearing. This is where you present your case of appeal. You can also have a representative present it for you instead. The Employment Appeal Tribunal decides whether appeal is successful or not.
Note: They often confirm the outcome at the end of the hearing. If not, they will inform you by letter afterwards.
As a rule, they will ask you to present a date when you can attend a hearing. But, they can also 'tell you' when it will take place without your input. In almost all cases they will give at least 14 days beforehand. It is possible for hearings to get held sooner under exceptional circumstances.
The tribunal will inform you what documents to send to EAT and to any other parties involved. They often provide free advice immediately before the hearing. Ask EAT for this service if you do not take your own representative.
Note: They do not allow you to claim any expenses for attending a hearing.
The tribunal hearing is your opportunity to present your case. You can use a lawyer, a friend, or a family member to present it for you. The other party also gets an opportunity to present their case against you. Thus, they will often ask you some questions about the case.
In some cases, you can appeal to a higher court. It happens most if you feel there was a legal problem with the Employment Appeal Tribunal’s decision. You may need to get legal advice for situations such as these.
After losing the case you would need to ask for permission before you can make an appeal. You can make a direct request at the higher court or the Employment Appeal Tribunal.
Note: You can still ask 'directly' at the higher court directly if you get refused permission.
You can ask for permission at the Court of Appeal. The request must occur within 21 days of the date you got told you lost your case or got refused permission by EAT.
What if the employment tribunal that made the initial decision was in Scotland? In this case you would need to ask the Court of Session for permission.
Once you get permission you can then make your appeal to the Court of Appeal. What if the employment tribunal that made the initial decision was in Scotland? In this case you would need to appeal to the Court of Session.
The legislation that EAT must follow include the rules and processes in the:
Note: You can also make a search for previous decisions made in other Employment Appeal Tribunal cases.
How to Appeal to the Employment Appeal Tribunal in the United Kingdom