This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Clear, comprehensive guide to appealing an employment tribunal discrimination decision in England and Wales. Explains legal grounds for appeal, the role of the Employment Appeal Tribunal (EAT), strict time limits, procedural steps, outcomes and practical considerations for claimants and employers.
When an employment tribunal issues a judgment in a workplace discrimination claim, the parties affected may sometimes disagree with the outcome. In England and Wales, the legal system allows limited rights to challenge or appeal tribunal decisions that contain legal errors. Appealing is a structured legal process distinct from simply disagreeing with a tribunal's findings. This article explains the grounds for appeal, the procedural steps involved, time limits, practical considerations and common questions that arise for employees and employers in discrimination cases.
Understanding the Legal Framework
Employment tribunals are specialist judicial bodies that hear claims including discrimination under the Equality Act 2010. Once a tribunal has made a decision, that decision is generally final on the facts of the case. However, if a party believes there has been a legal error, they may seek to challenge the ruling by appealing to the Employment Appeal Tribunal (EAT).
The Role of the Employment Appeal Tribunal (EAT)
The Employment Appeal Tribunal is a higher court that specialises in correcting legal mistakes made by the original employment tribunal. The EAT does not rehear the full factual dispute or reconsider witness credibility. Instead, it reviews whether the law was correctly interpreted or applied.
Grounds for Appealing a Tribunal Decision
An appeal to the EAT must be based on a point of law. This means the appellant must identify a legal issue such as:
- The tribunal applied the wrong legal test or misunderstood statutory law.
- The tribunal failed to follow relevant legal principles.
- The decision was one that no reasonable tribunal could have reached on the law.
- A procedural error occurred that materially affected the outcome.
Disagreement with how a tribunal has assessed the evidence or findings of fact on its own - for example, simply believing a judge reached the wrong factual conclusion - is not a valid basis for appeal.
Before You Appeal: Reconsideration and Written Reasons
Requesting Written Reasons
If the tribunal's judgment does not include detailed written reasons, a party should request them promptly. Written reasons explain the tribunal's legal reasoning and are usually essential to identify valid grounds of appeal. Typically, this request must be made within 14 days of the decision being sent.
Tribunal Reconsideration
A party may also ask the original tribunal to reconsider its decision on limited grounds, such as a clear procedural error, clerical mistake or newly discovered evidence that could not have been obtained with reasonable diligence before the hearing. The scope for reconsideration is narrow and cannot simply be based on dissatisfaction with the judgment.
Reconsideration must be requested in writing and copied to all other parties. It provides an opportunity to correct obvious errors without pursuing a formal appeal.
How to Appeal to the Employment Appeal Tribunal
Strict Time Limits
To appeal to the EAT, a notice of appeal must be received within 42 days (six weeks) of the date on which the employment tribunal sent the judgment or written reasons. Appeals must be lodged by 4 pm on the final day of the deadline. Late appeals are only allowed in exceptional circumstances and require a formal application with full reasons for the delay.
Filing the Appeal
The appellant must complete and submit the required notice of appeal (often Form EAT1) along with a copy of the original decision and reasons. Modern practice requires use of the Employment Appeal Tribunal's electronic filing (E‑Filing) system, although email or postal submissions may be accepted in limited circumstances.
The appeal must clearly state the grounds of appeal and identify the legal errors alleged. Unsupported or vague claims about the judgment being “wrong” without specifying a legal point will not succeed.
Hearing and Written Submissions
Once the appeal is lodged and accepted as properly instituted, the EAT will allocate a case manager and set a timetable for written submissions. The parties may be invited to an oral hearing where barristers or solicitors present legal arguments on the identified points of law.
Potential Outcomes of an Appeal
If the EAT upholds the appeal, it may:
- Quash or set aside the original tribunal's judgment;
- Remit (send back) the case to a new tribunal for rehearing;
- Substitute its own legal conclusion in some cases;
- Grant any further or other relief the circumstances require.
Decisions of the EAT can themselves be appealed to the Court of Appeal, but this requires permission and further specific grounds focused on legal error.
Practical Considerations
Complexity and Legal Advice
Appeals focus on technical legal issues. Most claimants and respondents benefit from engaging solicitors or barristers with employment law and appellate experience to draft grounds and arguments. Many litigants acting in person find identifying precise legal errors and drafting submissions challenging.
Costs and Funding
There is no tribunal fee to make an appeal to the EAT itself, but legal costs (for representation, drafting grounds of appeal or attending hearings) can be substantial. Funding options include private pay, conditional fee arrangements, pro bono assistance or legal advice centres, although conditional “no win no fee” arrangements are rare for appeal work.
Interplay with Enforcement
An appeal does not automatically freeze enforcement of the original tribunal's award. If an employer appeals a discrimination decision, the employee may need to ask the county court for a stay of enforcement pending the appeal's outcome.
Common Questions
Can I appeal simply because I disagree with the judgment?
No. An appeal must focus on a point of law, for example misapplication or misinterpretation of legal principles. A simple difference of opinion on factual findings is not permitted as a ground of appeal.
What happens if I miss the 42‑day deadline?
The appeal may be refused as out of time unless an application for an extension with credible justification is submitted. Extensions are very rarely granted.
Can both parties appeal?
Yes. Either the claimant or the respondent can appeal a tribunal decision to the EAT on valid points of law.
Can I introduce new evidence on appeal?
Generally, the EAT does not consider new factual evidence unless it relates directly to the identified legal error or permission is granted in very limited circumstances.
Final Thoughts
Appealing an employment tribunal discrimination decision in England and Wales is a specialist legal process focused on correcting errors of law rather than reassessing facts. The appeal must be lodged within strict time limits and demonstrate clear legal grounds. Prospective appellants should consider requesting written reasons, exploring the possibility of tribunal reconsideration for procedural errors and seeking expert legal support to draft effective grounds of appeal. Understanding the EAT process, time limits and practical risks helps individuals manage expectations and navigate this advanced stage of employment dispute resolution.
