APPEAL EAT DECISION: This guide is for those who already appealed or they were taken to an employment tribunal.
Grounds to make an appeal to the Employment Appeal Tribunal (EAT) include:
- The employment tribunal got the law wrong or they failed to apply the correct law.
- They failed to follow the correct procedures and it affected the final decision.
- The previous tribunal had no evidence to support its decision.
- You feel your employment tribunal was ‘unfairly‘ biased towards the other party in the case.
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.
Before You Appeal to EAT
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.
How to Appeal to the Employment Appeal Tribunal
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.
Deadline for Appealing to EAT
You must make your appeal within 42 days of the date that either:
- The original employment tribunal decision got sent to you.
- The reasons got sent to you (but only if the Employment Tribunal did not provide reasons at the hearing or you asked for the reasons within 14 days of the decision getting sent to you).
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.
Where to Send EAT Appeal Form
Contact Address for Cases in England and Wales
What happens after an Appeal to EAT
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.
Attending a Tribunal Hearing
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.
How to Prepare for a Hearing
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.
At the 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.
What If You Lose 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.
Asking for Permission to Appeal
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.
Asking Employment Appeal Tribunal
- You must ask within 7 days of receiving the decision:
- Within 42 days if the employment tribunal whose decision you are appealing got held in Scotland.
- You can ask for permission on the same day as your hearing (if you get the decision on that day).
- You would need to provide the grounds for appeal and the ‘legal problem‘ related to the decision.
Note: You can still ask ‘directly‘ at the higher court directly if you get refused permission.
Asking the Higher Court
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.
Appealing to the Higher Court
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.
Extra Help on Employment Appeal Tribunal Rules
The legislation that EAT must follow include the rules and processes in the:
- Employment Appeal Tribunal Rules 1993 (as amended)
- Employment Tribunals Act 1996
Note: You can also make a search for previous decisions made in other Employment Appeal Tribunal cases.