Appealing an Employment Tribunal Decision

When an employment tribunal issues a judgment in a termination dispute - such as unfair dismissal, wrongful dismissal, discrimination or related claims - the losing party may be able to appeal that decision. Appeals are an important part of the UK employment justice system because they provide a mechanism for correcting legal errors in tribunal decisions. However, the appeals process is distinct from the original tribunal claim, with its own grounds, procedures, time limits, and practical steps. This guide explains how appeals work under employment law in England and Wales, what legal principles govern them, and what practical actions claimants and respondents should consider.

What an Appeal Is - and What It Isn't

An appeal from a tribunal decision is not a rehearing of all the facts of the case. Tribunals assess evidence and credibility at first instance. Appeals are only permitted where there is an issue with legal reasoning or interpretation - for example, where the tribunal:

• Misapplied the law or misunderstood a legal principle.
• Failed to follow correct legal procedure in a way that affected the outcome.
• Reached a decision that no reasonable tribunal could have reached on the evidence (sometimes described as a perverse conclusion).

You cannot appeal merely because you disagree with a tribunal's factual findings or believe the judge was wrong about who was more likely to be telling the truth. Appeals focus on points of law, not re‑evaluation of factual evidence.

The Forum for Appeals: The Employment Appeal Tribunal (EAT)

Most appeals from employment tribunal decisions are heard by the Employment Appeal Tribunal (EAT). The EAT is separate from the employment tribunals and specialises in legal issues arising from tribunal judgments. Its role is to determine whether the law was applied correctly, not to re‑weigh witness statements or evidence.

The EAT operates under its own rules and Practice Direction, which set out procedural requirements for filing appeals, service of documents and deadlines.

Grounds for Appeal

To bring an appeal, you must identify one or more grounds of appeal based on a point of law. Typical grounds include:

• Incorrect application of legal principles, such as misinterpretation of statutory rights or case law.
• Failure to follow statutory procedure, where the tribunal overlooked required legal steps or applied the law in a way that impacted the decision.
• Perverse conclusions, meaning no reasonable tribunal, properly directing itself on the law, could have reached the decision made.

Arguments based purely on dissatisfaction with factual conclusions or credibility findings are generally not grounds for appeal unless they can be framed as arising from a legal error.

Time Limits for Appeals

Time limits in appeal proceedings are strict and non‑negotiable in most cases:

• A notice of appeal must be received by the EAT no later than 42 days from the date on which the tribunal's written judgment or written reasons for the judgment were sent to the parties.
• If the tribunal did not provide written reasons with the decision, you must request them - normally in writing within 14 days of the tribunal sending the judgment - and then count 42 days from when the written reasons are sent.
• The 42‑day limit also applies to appeals against orders, directions or other decisions of a tribunal, with time running from the date the order or direction was sent.

Late appeals are rarely permitted. An application for an extension of time must demonstrate exceptional circumstances and is considered only after the notice of appeal has been lodged.

Filing an Appeal: Notice of Appeal and Supporting Documents

Notice of Appeal

An appeal is commenced by serving a Notice of Appeal with the EAT within the 42‑day period. The notice must include:

• Identification of the tribunal decision or order being appealed.
• Clear grounds of appeal, focusing on relevant points of law.
• A clean copy of the tribunal judgment and written reasons (if separate).

Failing to include the required documents or information may render the appeal invalid or delay proceedings.

How to Submit

Appeals are usually lodged via the E‑Filing service operated by the EAT, although email or post may be acceptable in limited circumstances, such as inability to access the portal. Written materials must be in readable formats and comply with technical requirements.

Other Documents

You generally do not attach your full tribunal hearing bundle at this stage; only the decision and reasons against which you are complaining. Additional documents may be requested later if the appeal proceeds.

Permission to Appeal

Not all appeals are automatically heard. The EAT must first grant permission to appeal:

• Permission may be granted “on the papers” if the grounds appear arguable on review.
• If the EAT refuses permission on the papers, you may be heard at a permission hearing, sometimes referred to as a Rule 3(10) hearing under the EAT's rules.

Permission hearings are focused on whether the appeal has sufficient legal merit to proceed to a full hearing. They do not revisit factual evidence beyond what is necessary to assess the legal question.

The Appeal Hearing

If permission is granted, the appeal proceeds to a hearing before the EAT. At the hearing:

• Parties submit legal arguments based on the grounds of appeal.
• The EAT considers written submissions, case law and statutory provisions.
• Unlike first‑instance tribunals, the EAT rarely hears live witness evidence, focusing instead on legal interpretation and application.

Some appeals may be resolved on the papers without an oral hearing if the issues are purely legal and not contested.

Possible Outcomes of an Appeal

The EAT can make several different orders:

• Uphold the appeal, meaning the tribunal's decision is overturned or varied.
• Dismiss the appeal, leaving the original decision intact.
• Send the case back to a tribunal for rehearing in light of the correct legal interpretation.
• Vary the decision on specific legal points.

Success on appeal often depends on the strength and clarity of the legal arguments rather than simply dissatisfaction with the initial outcome.

Appealing a Decision of the EAT

If you disagree with the EAT's decision, further appeal is possible to the Court of Appeal, but only with permission from either the EAT or the Court of Appeal itself. This must be sought within a short period after the EAT's decision - typically 7 days if permission is sought from the EAT. If refused, you can apply directly to the Court of Appeal within 21 days.

Practical Considerations

Legal Advice and Representation

Appeals involve technical legal issues. Early advice from solicitors or specialist employment law advisers can help identify realistic grounds of appeal and prepare coherent legal arguments.

Costs and Risks

Appeals can take months to resolve. The EAT may award costs only in limited circumstances, and appellants should weigh the prospects of success against the time, complexity and potential costs involved.

Reconsideration vs Appeal

In some cases, parties may apply to the original employment tribunal for reconsideration of its decision on narrow grounds (such as obvious errors or fresh evidence). However, this is distinct from an appeal and does not replace the right to appeal to the EAT.

Common Questions

Can I appeal just because I disagree with the decision?
No. Appeals must be based on a point of law, not simply dissatisfaction with the outcome.

What if I don't have written reasons?
You should request them from the tribunal promptly, usually within 14 days of the decision being sent, so you can calculate the 42‑day appeal period accurately.

Can I include new evidence on appeal?
New evidence is generally not permitted on appeal unless it relates to the legal point being argued and meets strict criteria, such as being unobtainable with reasonable diligence before the original hearing. (Procedural rules on this are detailed in Practice Direction guidance.)

Key Takeaways

Appealing an employment tribunal decision in England and Wales is a structured legal process focused on points of law rather than re‑weighing factual evidence. The appeal is heard by the Employment Appeal Tribunal, which considers whether the original tribunal correctly interpreted and applied the law, followed by strict 42‑day time limits from when the written decision or reasons are sent. Appellants must prepare a Notice of Appeal, identify clear legal grounds, seek permission to appeal, and present coherent legal arguments. Further appeals to the Court of Appeal require permission and must be lodged within tight deadlines. Understanding these procedures is essential for navigating workplace justice effectively.