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.
Comprehensive guide to challenging an Employment Tribunal ruling in England and Wales. Learn how to request written reasons, seek tribunal reconsideration, appeal to the Employment Appeal Tribunal on points of law, strict time limits and practical steps to protect your rights in accessible legal language.
When an Employment Tribunal delivers a decision in a workplace dispute - for example, relating to unfair dismissal, discrimination, wages, or redundancy pay - the ruling may feel final to the parties involved. However, English law provides mechanisms to challenge or appeal a tribunal decision where there are recognised legal grounds. These processes are part of a structured hierarchy of review designed to ensure that justice is done and that errors of law or serious procedural issues can be corrected. Understanding how to challenge an Employment Tribunal ruling is essential for employees, employers and advisers to protect their rights and seek correct legal outcomes.
This guide explains the different options available, the legal principles that govern appeals and reviews, strict time limits and practical steps you could take, all written in clear UK legal terminology without offering personalised legal advice or suggesting the author is a practising solicitor.
Understanding an Employment Tribunal Ruling
An Employment Tribunal hears cases where someone claims their employer has breached employment rights, such as unfair dismissal, discrimination under the Equality Act 2010, unlawful deduction of wages or other statutory claims. After hearing evidence and arguments from both sides, the tribunal issues its judgment and written reasons. If you disagree with the outcome, this alone does not entitle you to appeal; you must have recognised legal grounds.
When You Can Challenge a Tribunal Decision
1. Requesting Reconsideration
A tribunal may have a limited ability to reconsider or “set aside” its own decision where there has been a procedural error or other specified circumstances. This is not the same as a full appeal but can correct clear administrative or procedural mistakes, such as:
- The tribunal failing to take into account evidence it should have considered.
- Errors in calculating compensation or award amounts.
- A party not receiving proper notice of the hearing.
- Discovery of new evidence that could not reasonably have been presented at the original hearing.
To request a tribunal to reconsider a decision, you usually submit a written application to the tribunal that issued the judgment, explaining the error you allege and why revisiting the decision is necessary. Time limits for this are typically short (for example, within 14–28 days of the original decision being sent), so acting promptly is important.
Reconsideration is useful where there has been an obvious administrative or procedural issue, but it will not simply overturn a decision because you disagree with the outcome.
Appealing to the Employment Appeal Tribunal (EAT)
Grounds for Appeal
The primary way to challenge a tribunal ruling is by appealing to the Employment Appeal Tribunal (EAT). An appeal to the EAT is strictly limited to points of law - that is, legal errors made in the Employment Tribunal's interpretation or application of law. These may include:
- Misinterpreting statutory provisions.
- Applying the wrong legal test.
- Failing to follow legal precedent.
- Decisions that are perverse (so unreasonable that no reasonable tribunal could have reached them based on the evidence).
Simply disagreeing with the tribunal's evaluation of facts - for example, which witness was more credible - is not sufficient ground for an appeal.
Written Reasons and Statement of Reasons
To appeal, you must usually have written reasons for the tribunal's decision. If the tribunal did not provide written reasons with its judgment, you should request them within 14 days of receiving the decision. If you miss this deadline, the tribunal might refuse your request unless you can explain the delay.
Time Limits for Appeal
The EAT has strict time limits:
- You must file your Notice of Appeal within 42 days of the date on which the written reasons for the tribunal decision were sent to you or, where appropriate, the date the decision was sent if reasons were provided at the outset.
- Appeals must be received by 4 pm on the final day of the period.
If you file late, the EAT has very limited discretion to grant an extension only in exceptional circumstances. It is therefore crucial to calculate deadlines carefully based on the date the written reasons were issued.
Lodging the Appeal
You must complete a Notice of Appeal (often prepared with legal support) and include:
- A copy of the original tribunal decision.
- The written reasons you have obtained.
- A clear statement of the legal grounds of your appeal (i.e. how the tribunal made an error in law).
Most appellants now use the EAT's electronic filing system (E‑Filing), but appeals can also be submitted by post or email where appropriate.
EAT Procedure
The EAT procedure focuses on legal argument rather than re‑hearing factual disputes. The tribunal will consider the documents and legal submissions and may:
- Dismiss the appeal.
- Allow the appeal and overturn or vary the original tribunal order.
- Remit the case back to an Employment Tribunal for reconsideration.
While hearings are possible, some appeals may be decided on the papers without an oral hearing.
Appealing Beyond the EAT
If the EAT dismisses your appeal, it may still be possible in rare cases to appeal further to the Court of Appeal (for England and Wales) on a point of law of general public importance. This requires permission to appeal either from the EAT or from the Court of Appeal itself. Such appeals are subject to even stricter legal criteria and time limits. Legal representation is strongly recommended for this stage due to complexity and potential costs.
Practical Considerations and Costs
Legal Representation
Employment appeals, particularly at the EAT or beyond, involve technical legal issues. Specialist solicitors or barristers experienced in employment law and appellate practice are often essential for drafting grounds of appeal and submissions.
Costs and Risks
While there is no fee for asking for written reasons or lodging certain appeal documents, legal costs - including solicitor and counsel fees - may arise. In some cases, costs can be recovered if your opponent is ordered to pay them, but this is not guaranteed, and some appeal work may be uninsured or require specific funding arrangements.
Importance of Prompt Action
Strict time limits - especially the 42‑day deadline for EAT appeals - mean that delays can be fatal to your right to appeal. Seeking written reasons without delay and preparing your appeal promptly are essential practical steps.
Common Questions from our Readers
Can I challenge a tribunal decision just because I disagree with the outcome?
No. You can only appeal on recognised legal grounds - typically that the tribunal made an error of law or that its decision was perverse in law. Disagreement with factual findings alone is not sufficient.
What if the tribunal did not provide written reasons?
You should request written reasons within 14 days of the decision. Without written reasons, you cannot usually start an appeal.
Can appeals be heard in person?
Yes. The EAT can hold a hearing where parties make legal submissions orally, though some appeals are decided on written submissions only.
Key Takeaways
Challenging an Employment Tribunal ruling in England and Wales requires understanding the correct legal pathways and strict procedural rules. Initial steps can include asking the tribunal to reconsider or set aside its decision if there has been a clear procedural error. Where legal error is suspected - such as incorrect interpretation or application of law - the next stage is an appeal to the Employment Appeal Tribunal (EAT), normally within 42 days of receiving written reasons for the original decision. The EAT focuses on points of law rather than rehearing factual disputes. If the EAT refuses or dismisses your appeal, there may be a further limited right to appeal to the Court of Appeal on a point of law of wider importance. Acting promptly to obtain written reasons, identify legal errors and seek specialist legal support are practical steps to protect your rights and take informed action following a tribunal ruling.
