This guide is maintained as a current resource for September 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.
Detailed guide to grounds for appealing an Employment Tribunal decision in England and Wales. Explains legal errors that can form valid appeals, how to identify points of law, procedural requirements for EAT appeals, and practical examples of appeal grounds. Clear, step‑by‑step explanation for claimants, respondents and solicitors.
When an Employment Tribunal issues a judgment, the decision resolves the legal dispute between the parties. However, sometimes one party may believe that the tribunal made an error in how it interpreted or applied the law. In England and Wales, the law provides a mechanism to challenge such errors through an appeal to the Employment Appeal Tribunal (EAT). Appeals are not a second trial of the facts - they are a legal examination of whether the original decision was lawfully reached. This article explains the grounds for appealing a tribunal decision, how legal errors are identified, procedural requirements, and what practical steps parties should consider.
What an Appeal Can and Cannot Do
An appeal to the EAT can only be based on a point of law arising from the Employment Tribunal's decision. This means the appellant must show the tribunal made a legal mistake that affected the outcome. You cannot appeal simply because you disagree with how the tribunal weighed evidence, assessed witness credibility, or reached factual conclusions unless those findings stem directly from an underlying legal error. The EAT does not normally re‑hear evidence or substitute its own factual findings.
What Constitutes a Point of Law
The starting point for any appeal is identifying what counts as a “point of law”. A point of law involves an error in understanding, interpreting, or applying legal rules. In broad terms, legal errors include situations where the tribunal.
Misinterprets Statutory or Common Law
If the tribunal misunderstands the meaning of a statutory provision or a legal principle and applies it incorrectly, this can be a ground for appeal. For example, incorrectly applying the test for constructive unfair dismissal or misapplying discrimination legislation could give rise to a right of appeal.
Misapplies Established Legal Tests
Employment law often involves well‑defined legal tests (for example, tests for unfair dismissal, discrimination or detriment claims). A tribunal that applies the wrong test or departs from established legal standards may be open to appeal on that basis.
Fails to Follow Binding Precedent
Tribunals are required to follow higher court decisions (binding precedent). If a tribunal decision is inconsistent with a relevant decision of the Court of Appeal, Supreme Court or, in some cases, the EAT itself, this may be a substantial ground of appeal.
Procedural Errors Affecting the Outcome
If the tribunal fails to comply with procedural requirements in a way that affects fairness or the outcome (for example, denying a party the opportunity to present key submissions or mis‑applying rules on evidence or disclosure), such procedural error may be a valid ground of appeal.
Perverse Decisions
A specially recognised legal ground is where the tribunal's decision is “perverse”. This means that the decision is one that no reasonable tribunal, properly directing itself on legal principles, could have reached based on the evidence. Even though this involves factual findings, it engages legal standards about reasonableness. Perversity appeals are treated as points of law in EAT practice.
What Grounds Are Not Acceptable
Disagreeing With Factual Findings
General disagreement with the Employment Tribunal's assessment of evidence or credibility - in other words, wishing the tribunal had decided differently - is not enough. Unless those factual conclusions are directly attributable to a legal error (such as applying the wrong standard of proof), they cannot be appealed.
Re‑Arguing a Claim
An appeal dossier must not simply restate the original arguments about the case facts. The EAT expects clear legal grounds explaining how the law was misunderstood or misapplied; re‑arguing the merits of the case without legal analysis will typically fail.
Procedural Considerations for Grounds of Appeal
Drafting the Notice of Appeal
A Notice of Appeal must clearly set out the specific legal errors alleged. It should identify the paragraph(s) of the Employment Tribunal judgment containing the error and explain the correct legal position. A poorly drafted ground that simply asserts dissatisfaction or general error is unlikely to progress.
Initial “Sift” at the EAT
Under the EAT's practice directions, the appeal will first undergo a sift where a judge reviews whether each ground discloses a reasonable arguable error of law. Grounds that do not amount to an arguable legal error may be summarily dismissed without a full hearing.
Supporting Documentation
Grounds of appeal should be accompanied by the original judgment, written reasons (if separate) and other relevant documents such as the original claim form (ET1) and response (ET3), as these can be used to verify whether a point of law truly arises.
Examples of Common Grounds of Appeal
Misunderstanding Legal Tests
If an Employment Tribunal applied the wrong statutory test for unfair dismissal (for example, by mis‑stating the statutory definition of “reasonableness”), this misapplication would commonly be raised on appeal.
Incorrect Application of Burden of Proof
Many employment claims involve shifting burdens of proof, especially in discrimination cases. Misapplying these legal standards (for example, failing to instruct that once a prima facie case is established, the burden shifts to the respondent) can be appealable.
Failure to Properly Direct on Evidence Standards
An Employment Tribunal must adhere to proper legal standards when evaluating evidence. If it fails to do so (for example by ignoring statutory burden provisions or misapplying evidential rules), the error may be reviewed by the EAT.
Practical Steps Before Appealing
Reconsideration First
Before appealing to the EAT, a party can apply for the original tribunal to reconsider its judgment on limited grounds such as obvious error, clerical mistake or new evidence discovered that could not reasonably have been obtained earlier. If successful, this may avoid the need for appeal.
Seek Legal Advice
Identifying arguable grounds of appeal requires technical analysis of statutory law, precedent and tribunal reasoning. Many appellants engage experienced employment law solicitors or barristers to draft grounds of appeal that accurately articulate legal errors and follow EAT procedural requirements.
Key Takeaways
Appeals from Employment Tribunal decisions in England and Wales are strictly limited to points of law. Valid grounds include incorrect interpretation or application of statutory law, failure to follow legal tests or precedent, procedural errors that affect outcomes, and decisions that are so unreasonable as to be perverse. Factual disagreements or general dissatisfaction with a decision are not grounds for appeal in themselves. Grounds of appeal must be precisely drafted, supported by documentation, and lodged within statutory time limits. Understanding these legal standards is essential for effective appellate strategy and compliance with Employment Appeal Tribunal procedures.
