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 setting aside Employment Tribunal judgments in England and Wales. Explains when and how tribunal judgments can be revisited or revoked through reconsideration, differences with appeals on points of law, procedural rules, time limits and practical guidance for parties.
An Employment Tribunal judgment marks the point at which a tribunal concludes its decision‑making on claims such as unfair dismissal, discrimination, unpaid wages or other employment rights. Once issued, that judgment is binding between the parties. In limited circumstances, however, the law and tribunal procedure permit a judgment to be set aside or otherwise addressed so that it no longer has effect. Understanding when and how judgments can be set aside - and what alternatives exist such as reconsideration or appeal - helps parties protect their rights and comply with procedural requirements in England and Wales.
What “Setting Aside” a Judgment Means
A judgment that is “set aside” is treated as if it has never been made. Setting aside may remove the legal effect of the decision and, depending on the context, allow the case to be re‑determined. This is a different concept from a mere appeal (which is reviewed on technical or legal grounds by the Employment Appeal Tribunal), or a reconsideration (where the same tribunal revisits its judgment under a specific statutory process).
In the context of Employment Tribunals, the principal route to challenge a judgment is either:
- Reconsideration of the judgment by the tribunal that made it; or
- Appeal on a point of law to the Employment Appeal Tribunal.
There is no separate general procedural power in the rules for an Employment Tribunal to “set aside” a final judgment outside these established mechanisms.
Reconsideration of Tribunal Judgments (Primary Mechanism)
The Employment Tribunal Procedure Rules 2024 set out when a tribunal may reconsider a judgment. Under Rule 68, a tribunal may, on its own initiative or on application by a party, reconsider its own judgment if it is necessary in the interests of justice. A reconsideration application can lead to the judgment being:
- Confirmed,
- Varied, or
- Revoked (which effectively sets aside the original judgment).
If the judgment is revoked, the tribunal may take the decision again and is not bound to reach the same outcome.
When Reconsideration Is Possible
An application for reconsideration must generally be made in writing within 14 days of the date on which the written judgment or the written reasons for judgment were sent to the parties, whichever is later. It must explain why it is necessary in the interests of justice to revisit the judgment. Routine dissatisfaction with the outcome is not enough; there must be an identifiable procedural problem, significant new evidence, or other compelling justification.
The tribunal may refuse a reconsideration application if it considers there is no reasonable prospect of the judgment being varied or revoked. If not refused, the tribunal may decide the application on paper or hold a hearing, and will notify the parties accordingly.
Setting Aside by Other Means
Correction of Clerical Mistakes
Under Rule 67 of the 2024 Rules, a tribunal may at any time correct clerical mistakes or accidental slips in any order, judgment or other document. This is not the same as setting aside a judgment; it allows correction of obvious errors (such as typographical errors) but does not change the substantive effect of the tribunal's decision.
Setting Aside for Default or Procedural Irregularities
The Employment Tribunal Rules do not contain a general equivalent to civil court procedures for setting aside default judgments (such as those under the Civil Procedure Rules used in county courts). An Employment Tribunal may instead use reconsideration if procedural irregularity or injustice has occurred. There is no separate motion directed solely at “setting aside” a substantive judgment in the Rules apart from reconsideration.
If a tribunal issued a judgment without proper jurisdiction (for example because of a clear procedural defect or failure to follow statutory requirements), a question may arise whether the judgment is void rather than merely erroneous. In some circumstances, parties explore other legal remedies such as judicial review, but this is not part of the tribunal's standard procedures and applies only in limited circumstances to challenge public body decisions, not correct normal tribunal errors.
Setting Aside Settlement Agreements
In rare cases, Employment Tribunals have considered whether they can set aside a settlement agreement that led to a judgment. For example, where a claimant alleges they lacked mental capacity when entering the agreement, a tribunal may determine whether the settlement can be set aside and the claim allowed to proceed. This is a specific context and does not create a general power to set aside any judgment merely because a party regrets a settlement.
Reconsideration Vs Appeal: Key Differences
It is vital to distinguish between the mechanisms:
- Reconsideration is an application to the same tribunal to revise or revoke its decision because it is in the interests of justice (e.g., procedural error or significant new evidence).
- Appeal to the Employment Appeal Tribunal is the statutory right to challenge a judgment on a point of law, not on factual disputes or general unfairness. Reconsideration does not extend the time limit for appeals; parties must observe the strict appeal deadlines even if reconsideration is pending.
Time Limits and Practical Requirements
- Reconsideration application: normally within 14 days of written judgment or reasons being sent.
- Appeal on point of law: generally within 42 days of the judgment or written reasons, as specified for appeals to the Employment Appeal Tribunal.
Strict compliance with these deadlines is essential because tribunals enforce them rigorously. Parties should ensure applications and appeals are properly drafted, contain required supporting evidence or arguments, and are served on all other parties.
Common Scenarios Where Setting Aside May Arise
Procedural Irregularity
If a tribunal failed to give proper notice of a hearing, misdirected itself on a point of law during the hearing, or materially misrecorded evidence, an application for reconsideration may succeed.
New Evidence
Where significant new evidence emerges that could not reasonably have been obtained before the hearing and which would have affected the outcome, reconsideration may be appropriate.
Mistakes in Documentation
If clerical or accidental mistakes appear in the formal judgment document that do not reflect the tribunal's true decision, these may be corrected without fully setting aside the judgment.
Risks and Limitations
- Reconsideration is discretionary and not a vehicle for general dissatisfaction.
- Justice must require it - a test designed to balance finality of decisions with fairness.
- Simply disagreeing with the outcome is not enough; applications must articulate why justice requires the tribunal to revisit the judgment.
Key Takeaways
Employment Tribunal judgments in England and Wales are ordinarily final and binding. There is no broad standalone mechanism to “set aside” a judgment as there is in some civil court contexts. Instead, parties should consider:
- Reconsideration by the tribunal where justice demands it, with possible outcomes including confirmation, variation or revocation of the judgment.
- Correction of clerical mistakes without substantive change.
- Appeal on a point of law to the Employment Appeal Tribunal within strict time limits.
Understanding these options ensures that parties can seek appropriate remedies where there are legitimate procedural problems, new evidence or errors, while recognising the emphasis on finality and fairness in the tribunal system.
