How to Appeal Employment Tribunal Decision

An Employment Tribunal decision in England and Wales is not always the final stage of a dispute. In limited circumstances, a party may challenge the outcome through an appeal to the Employment Appeal Tribunal (EAT). However, appeals are not a rehearing of the case. They are strictly focused on whether the tribunal made a legal error.

Understanding how to appeal an Employment Tribunal decision requires knowledge of the grounds of appeal, strict time limits, procedural requirements, and the difference between legal error and disagreement with factual findings.

What an Employment Tribunal Decision Covers

Employment Tribunals decide disputes involving workplace rights such as:

• Unfair dismissal
• Discrimination under the Equality Act 2010
• Victimisation and harassment
• Unlawful deductions from wages
• Breach of employment contract claims

The tribunal considers evidence, hears witness testimony, and makes findings of fact before applying the law.

Once a judgment is issued, it is binding unless successfully challenged.

Can You Appeal an Employment Tribunal Decision?

An appeal is only possible to the Employment Appeal Tribunal (EAT) and only on specific legal grounds.

You cannot appeal simply because:

• You disagree with the outcome
• You believe the tribunal got the facts wrong
• You think the decision is unfair

The EAT does not re-hear evidence or reassess witness credibility. It only considers whether the law was applied correctly.

Grounds for Appealing to the Employment Appeal Tribunal

An appeal must be based on a “question of law”. Common grounds include:

1. Error of law

The tribunal may have applied the wrong legal test or misunderstood the relevant legislation.

2. Procedural irregularity

The hearing may have been conducted unfairly, for example:

• One party was not allowed to present their case properly
• Evidence was wrongly excluded
• Bias or lack of impartiality is alleged

3. Lack of reasoning

Tribunals must explain their decisions clearly. A failure to provide adequate reasons can be a legal error.

4. Perversity (rare cases)

A decision may be appealed if it is so unreasonable that no reasonable tribunal could have reached it based on the evidence.

5. Jurisdictional error

The tribunal may have:

• Decided a matter outside its legal powers
• Failed to consider a claim it should have determined

Time Limits for Appealing

Strict deadlines apply:

• An appeal to the Employment Appeal Tribunal must usually be lodged within 42 days of the date the written reasons for the decision were sent

Missing this deadline can result in the appeal being rejected unless there are exceptional circumstances.

Time limits are strictly enforced.

Step 1: Request Written Reasons (if not already provided)

Before appealing, it is often necessary to obtain the tribunal's full written reasons for the decision.

These explain:

• How the tribunal reached its conclusions
• What evidence was relied upon
• How legal principles were applied

Without reasons, it is difficult to identify appealable legal errors.

Step 2: Identify the Legal Error

A valid appeal must focus on legal issues, not factual disagreement.

Examples of appealable issues include:

• Misinterpretation of discrimination law
• Failure to apply correct burden of proof
• Ignoring relevant legal authority
• Misapplication of unfair dismissal principles

A common mistake is treating the appeal as a rehearing of the original case.

Step 3: File a Notice of Appeal

Appeals are started by submitting a Notice of Appeal to the Employment Appeal Tribunal.

This document must include:

• Details of the tribunal decision being challenged
• The legal grounds of appeal
• Supporting arguments explaining the alleged error
• Relevant documents such as the judgment and reasons

The EAT will review whether the appeal discloses a valid legal basis.

Step 4: Initial Paper Review by the EAT

The Employment Appeal Tribunal first conducts a preliminary review.

It may:

• Reject the appeal if it discloses no arguable legal case
• Allow the appeal to proceed to a full hearing
• Request clarification or additional information

Many appeals are filtered out at this stage.

Step 5: Full Appeal Hearing (if allowed)

If the appeal proceeds, a hearing is held where:

• Legal arguments are presented
• Both parties may be represented
• The EAT considers whether the tribunal made a legal error

No new evidence is usually allowed unless it relates to procedural issues.

Possible Outcomes of an Appeal

The Employment Appeal Tribunal may:

• Uphold the original decision
• Overturn the decision entirely
• Send the case back to the original tribunal for reconsideration
• Vary parts of the decision

A successful appeal does not always end the case; it may result in a retrial or reconsideration.

Alternative to Appeal: Reconsideration by the Tribunal

In some situations, it may be possible to request that the original Employment Tribunal reconsiders its decision.

This is limited to specific grounds such as:

• Administrative errors
• New evidence that could not reasonably have been obtained earlier
• Interests of justice requiring reconsideration

Reconsideration must usually be requested within 14 days of the judgment.

Costs and Financial Risk

Unlike Employment Tribunal proceedings, appeals in the EAT can carry greater cost risks.

The EAT may order one party to pay the other's costs if:

• The appeal is considered unreasonable
• It has no reasonable prospect of success
• A party behaves improperly during proceedings

This makes careful legal assessment important before proceeding.

Common Mistakes in Employment Tribunal Appeals

• Appealing based on disagreement with facts rather than legal error
• Missing the 42-day deadline
• Failing to identify a clear legal ground
• Submitting incomplete documentation
• Attempting to re-argue the entire case

Appeals require precision and focus on specific legal issues.

Practical Steps When Considering an Appeal

A structured approach typically includes:

• Obtaining the tribunal's written reasons
• Reviewing the judgment in detail
• Identifying possible legal errors
• Checking time limits immediately
• Preparing a focused Notice of Appeal
• Considering whether reconsideration is more appropriate
• Assessing cost risks before proceeding

Final Thoughts

Appealing an Employment Tribunal decision is a highly structured legal process limited to identifying errors of law rather than rearguing the facts of a case. The Employment Appeal Tribunal has strict procedural rules and short time limits, making timely and precise action essential.

Successful appeals typically focus on legal misinterpretation, procedural unfairness, or jurisdictional errors. In many cases, reconsideration by the original tribunal may also be relevant depending on the circumstances.