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.
Detailed guide to tribunal judgments and written reasons in England and Wales. Explains what they are, how they are issued, how to request written reasons, why they matter for appeals and enforcement, and key procedural rules governing tribunal decisions.
When an Employment Tribunal makes a decision in a claim, it produces a judgment and, in many cases, written reasons explaining how that judgment was reached. These documents form the basis of the legal outcome and are crucial for understanding your rights, the tribunal's reasoning, and options such as appeals or enforcement. This article explains, in clear terms, what judgments and written reasons are, how they are issued, their legal content, how to obtain them, and why they matter in tribunal and employment law in England and Wales.
What Is a Tribunal Judgment?
A judgment is the tribunal's formal decision that finally determines a claim or a specific issue in a case. It concludes the tribunal's consideration of liability, remedies (such as compensation), and, where relevant, costs. Judgments can be issued:
- At the final hearing itself, often orally at the end of the hearing, or
- Reserved and sent later in writing if the tribunal needs more time to consider complex issues.
The written judgment is a public document and must be provided to each party. Judgments are recorded in the tribunal's official register of judgments and written reasons, which is accessible to the public.
What Are Written Reasons?
Written reasons are the explanation of how the tribunal reached its decision. They set out the reasoning process, identify issues, outline relevant facts, refer to applicable legal principles, and show how those principles were applied to the facts to decide the case. Written reasons help make the decision transparent and understandable.
Mandatory Content of Written Reasons
For a judgment, written reasons must:
- Identify the issues the tribunal has determined.
- State the tribunal's findings of fact on those issues.
- Concise legal analysis of relevant law and its application to the facts.
- If the judgment includes a financial award, an explanation or table showing how the amount was calculated.
This structured approach ensures that parties can understand the basis of the tribunal's decision and prepare for potential next steps.
When Written Reasons Are Provided
Automatically With Reserved Judgments
If the tribunal reserves judgment and later issues it in writing, that written judgment normally includes written reasons as part of the decision. Written reasons are therefore standard in this situation.
On Request After Oral Judgments
If the tribunal gives its judgment orally at the hearing, written reasons are not automatically sent to the parties. Instead:
- The tribunal will tell you that written reasons will only be provided if requested.
- You or your representative must request written reasons during the hearing or in writing within 14 days of the date the written judgment was sent.
- If no valid request is made, written reasons will be provided only if the Employment Appeal Tribunal (EAT) or a court later requests them.
This rule ensures that written reasons are available when they are needed, especially for appeals, without creating undue backlogs.
How to Request Written Reasons
To obtain written reasons after an oral judgment:
- Ask at the hearing before it ends, or
- Send a written request to the tribunal office within 14 days from the date the judgment was sent to you.
The tribunal's written record of the decision normally includes a reminder of this deadline. Late requests may be considered with an explanation but are not guaranteed to be granted.
Why Written Reasons Matter
Understanding the Tribunal's Decision
Written reasons give you a clear explanation of why the tribunal reached its outcome. This helps all parties understand:
- The tribunal's interpretation of facts.
- How legal principles were applied.
- Why the claim was allowed or dismissed.
This transparency is fundamental to fair legal processes and due process principles.
Appealing to the Employment Appeal Tribunal
If you wish to appeal a tribunal judgment on a point of law to the Employment Appeal Tribunal, you must usually have written reasons. The time limit for lodging an appeal is 42 days from the date the judgment (with written reasons) was sent to you. If written reasons are not included initially, a request must be made promptly so that the appeal period can be calculated correctly.
Enforcement of Tribunal Awards
Written reasons often include details about financial awards and compliance. This information is essential when you or the tribunal office takes steps to enforce payment. Without clear written reasons, it may be more difficult to calculate or justify enforcement actions.
Public Register and Legal Research
Tribunal judgments and written reasons are usually published on the Employment Tribunal decisions register, providing a valuable resource for solicitors, students, and others researching employment law. Access to these documents supports consistency, legal analysis, and transparency in tribunal decision‑making.
Common Questions About Judgments and Written Reasons
Do All Tribunal Decisions Come With Written Reasons?
Not automatically. When a judgment is given orally, written reasons are only provided on request within the 14‑day period following the written judgment notice. However, reserved judgments in writing typically include reasons.
What If I Miss the Deadline to Request Reasons?
If you miss the 14‑day deadline for requesting written reasons, you can still ask the tribunal explaining why you were late. The tribunal has discretion in exceptional circumstances. However, this may complicate appeal timings.
Are All Tribunal Decisions Published Publicly?
Most judgments and written reasons are published on a public register maintained by the tribunal service. Some sensitive information can be restricted or anonymised, but this requires an application to the tribunal.
Key Takeaways
A judgment is the tribunal's formal decision resolving a claim or issue. Written reasons explain how factual findings and legal principles led to that decision. In reserved cases, written reasons are usually included automatically; in oral decisions, they must be requested within 14 days. Written reasons are essential for understanding the decision, making appeals, enforcing awards, and promoting transparency. Being aware of how judgments and written reasons function helps claimants, respondents, and solicitors navigate tribunal outcomes confidently.
