Can I Appeal an Employment Tribunal Decision?

Losing at an employment tribunal does not always spell the end – you might successfully appeal employment tribunal decisions if specific legal errors occurred.

Introduction

Yes, you can appeal an employment tribunal decision to the Employment Appeal Tribunal (EAT) if the tribunal made an error of law, acted perversely, or there was a serious procedural irregularity, but success is not guaranteed and strict rules apply. This guide explains the grounds, processes including any reconsideration request, timelines, and steps to take when self-representing. Understanding these will help you decide if pursuing an appeal employment tribunal option is right for your case.

Employment tribunals handle disputes like unfair dismissal and discrimination, but their decisions can sometimes contain mistakes that warrant an appeal. Knowing your options early prevents missing critical deadlines and strengthens your position. We cover everything from initial checks to potential outcomes.

By the end, you will know whether to seek reconsideration first, how the employment appeal tribunal process works, and practical tips for litigants in person.

Do You Have Valid Grounds for an Appeal?

Appeals succeed only on points of law, not disagreements over facts or evidence.

The Employment Appeal Tribunal (EAT) does not re-hear the facts of your case or substitute its own view of the evidence for the tribunal’s. Instead, valid grounds for an appeal employment tribunal decision centre on legal errors. Common grounds include the tribunal misapplying the law, such as incorrectly interpreting unfair dismissal tests under the Employment Rights Act 1996, or reaching a decision a reasonable tribunal could not (perversity).

Procedural irregularities also qualify, like bias, failure to allow evidence, or not following ACAS codes properly. For example, if the tribunal ignored key witness testimony without reason, this might form grounds. However, mere dissatisfaction with the outcome or wishing for a different factual finding is insufficient – the EAT expects tribunals to have wide discretion on facts.

Should You Request Reconsideration First?

Before appealing to the EAT, consider asking the employment tribunal to reconsider its own decision via a review application.

Under Rule 70 of the Employment Tribunals Rules of Procedure 2013, you can apply for the tribunal to reconsider its judgment if there is a compelling reason, such as a new fact emerging, administrative error, or the decision being at odds with the evidence. This reconsideration request must be made within 14 days of the judgment being sent to you. It’s often quicker and cheaper than an EAT appeal, and if successful, avoids the need to appeal further.

The tribunal has discretion to grant or refuse the review. For instance, if new medical evidence shows a disability discrimination claim was mishandled, this strengthens your request. If denied, the refusal itself can be appealed to the EAT, but time limits run from the original decision unless stayed.

Understanding the Employment Appeal Tribunal Process

The EAT sifts appeals early, with only arguable cases proceeding to a full hearing.

The employment appeal tribunal process begins with lodging a Notice of Appeal at the EAT in London (or Edinburgh for Scotland). Most appeals go through a preliminary sift by a judge, who may reject without hearing if no reasonable grounds exist. If it passes, it proceeds to a preliminary hearing (possibly remote) to test merits further, then potentially a full hearing with oral arguments.

The EAT can uphold, overturn, or remit the case back to a fresh tribunal. Unlike ETs, EAT hearings focus solely on legal points, typically lasting half a day to two days. Self-representing is common, but preparation of a clear skeleton argument is key.

Strict Time Limits for Filing an Appeal

You generally have 42 days from the judgment date to appeal, with limited extensions.

The key time limit to appeal employment tribunal decisions is 42 days from the ‘relevant date’ – when the ET judgment was sent to the parties. For reconsideration requests, it’s 14 days from sending. Missing these almost always dooms your appeal, as the EAT rarely extends time without exceptional reasons like serious illness.

If you apply for reconsideration first and it’s refused, the clock restarts from the refusal date. Always check the EAT Practice Direction for precise calculation, excluding certain non-working days.

Step-by-Step: How to Lodge Your Appeal

Follow these steps to submit a valid Notice of Appeal to the EAT.

Start by obtaining the ET’s full written reasons if not already provided. Draft your Notice of Appeal specifying grounds clearly, limited to 10 pages initially. Lodge it online via the EAT portal or post, paying the £140 issue fee (as of 2023; check current). Serve on the respondent within the time limit.

Include supporting documents like the ET judgment and any response to reconsideration. Seek ACAS guidance if needed, but note they don’t represent.

1. Request and review full ET reasons.
2. Identify precise legal grounds.
3. Complete and lodge Notice of Appeal within 42 days.
4. Serve on other party.
5. Prepare for sift stage.

What Happens After You Submit Your Appeal?

Expect sifting, possible preliminary hearings, and risks like costs.

Post-submission, the EAT acknowledges and sifts your appeal. If rejected, you can seek oral reconsideration. Successful sifts lead to respondent’s answer, then possible case management. Full hearings involve bundles, chronologies, and authorities.

Be aware of costs: EAT can order costs up to £20,000 if your appeal is misconceived. Settlements occur in about 30% of cases. If you win, the EAT may award costs against the respondent.

Conclusion

Appealing an employment tribunal decision offers a second chance but demands strong legal grounds and adherence to the employment appeal tribunal process. Weigh the prospects carefully, considering time limits and costs, especially when self-representing.

Start with a reconsideration request if appropriate, then proceed to the EAT if needed. Resources like GOV.UK and ACAS provide forms and guidance to support your efforts.

Remember, most appeals fail, so realistic expectations are vital for protecting your interests post-tribunal.