The Appeal Process Explained

After an Employment Tribunal issues a decision, parties - whether a claimant or respondent - may have the right to challenge that decision if they believe it contains a legal error. This challenge takes the form of an appeal to the Employment Appeal Tribunal (EAT). The appeal process is a structured procedure with specific requirements, time limits, documentation and stages. This article explains each step of the appeal process in England and Wales, what an appeal involves, how it is lodged, how it progresses and what parties can expect at each stage.

When Can You Appeal an Employment Tribunal Decision?

Not every tribunal outcome can be appealed. The only valid basis for appealing to the EAT is a point of law - in other words, an allegation that the Employment Tribunal made a mistake in interpreting or applying the law, or reached a conclusion that no reasonable tribunal could have reached on the legal material. The EAT does not normally reassess factual findings or re‑hear evidence from the original hearing.

Examples of legal errors include:

• Misinterpretation of statutory provisions.
• Incorrect application of legal tests (for example, in unfair dismissal or discrimination claims).
• Failure to follow fundamental procedural requirements where this affects the outcome.
• Decisions which no reasonable tribunal could have reached on the legal record.

Step 1: Obtaining Written Reasons

Before commencing an appeal, you usually need a written judgment and written reasons for the tribunal's decision. If the tribunal delivered an oral decision without written reasons, you can request written reasons within 14 days of the judgment being sent to you. The timing of the appeal deadline can depend on when those written reasons are sent.

Step 2: Calculating the Time Limit

Time limits in the appeal process are strict and non‑negotiable in most cases:

• 42 days: Your Notice of Appeal and supporting documents must be received by the EAT within 42 days of the date on which the written judgment or written reasons were sent to the parties.
• If written reasons were requested and issued later, that later date can be used to calculate the 42‑day period, provided the request was made within 14 days.
• Appeals must arrive by 4 pm on the final day of the period.
• If your appeal arrives after the deadline, you may apply for an extension of time, but this is granted only in exceptional circumstances with a good reason.

Step 3: Preparing the Notice of Appeal

The appeal begins with a Notice of Appeal, usually completed on the prescribed form or containing the same information. This document must:

• Identify the employment tribunal decision being appealed.
• Set out the grounds of appeal - the legal points you contend were wrongly decided.
• Be accompanied by a clean copy of the tribunal judgment and any written reasons.
• Include any relevant supporting documentation required by the EAT Practice Direction.

A Notice of Appeal without the necessary documentation will be treated as not properly instituted and your appeal may fail.

Step 4: Lodging the Appeal

You can lodge your appeal using one of the following routes:

• E‑Filing service: The preferred electronic submission method for most users and solicitors.
• Email: Not exceeding 10 MB for attachments, including the Notice of Appeal and supporting documents.
• Post: Sending printed documents to the EAT office address.

For cases in England and Wales, the EAT office in London handles appeals.

Step 5: Acknowledgement and Allocation

Once your appeal is received, the EAT will:

• Acknowledge receipt with a letter.
• Assign a case manager to guide procedural steps.
• Inform you whether the appeal has been accepted for further consideration.

If the appeal is incomplete or invalid (for example, lodged late or without required documentation), the EAT will write to you explaining what needs correcting and by when. The original 42‑day period continues to run during this process.

Step 6: Permission to Appeal

Not all appeals proceed automatically. The EAT will first consider whether you have permission to appeal based on whether your grounds disclose a reasonable arguable point of law. This is often done on paper; sometimes it may involve a preliminary permission hearing. If permission is refused on the papers, you can request an oral permission hearing.

Permission may be granted:

• On the papers, based solely on your written submissions.
• At an oral hearing where both parties make brief arguments on whether the appeal should proceed.
• Or refused, in which case the appeal concludes unless permission is later granted on further application.

Step 7: Appeal Hearing

If permission is granted, the appeal is listed for a hearing before an EAT panel. At the hearing:

• Parties (or representatives) make legal arguments on the points of law.
• Evidence from the original hearing is generally not re‑examined; the focus is on legal reasoning.
• The EAT panel may consist of judges experienced in employment law.
• Pre‑hearing directions may be issued to organise written submissions and case management.

The EAT can decide the appeal by:

• Dismissing it and confirming the original decision.
• Allowing it and overturning or modifying the decision.
• Sending the case back (remitting) to an Employment Tribunal with directions on the correct legal approach.

Step 8: After the EAT Decision

If you disagree with the EAT's decision, you may appeal further to the Court of Appeal on a point of law, but only with permission (either from the EAT or the Court of Appeal) and within the relevant time limits for that higher appeal.

Practical Considerations

Legal Representation and Advice

The appeal process is highly technical and challenging, often requiring careful legal analysis and drafting. Many appellants choose to instruct specialist employment law solicitors or barristers to prepare grounds of appeal and represent them.

Reconsideration vs Appeal

An application for reconsideration at the Employment Tribunal level addresses clerical or obvious errors and is distinct from an appeal. A reconsideration application does not extend the 42‑day appeal deadline, so any appeal must still be lodged within that period.

Enforcement During Appeal

If a party has been ordered to pay compensation and appeals that decision, enforcement action (for example, issuing a writ) continues unless the enforcing party or the court grants a stay of enforcement pending the appeal outcome. It is advisable to inform any enforcement court about the appeal.

Common Questions

Can I Appeal Just Because I Disagree With the Decision?

No. Appeals must be based on legal error, not on mere disagreement with factual findings or general dissatisfaction with the outcome. The EAT does not rehear evidence.

What Happens if My Appeal Is Late?

If your appeal arrives after the 42‑day deadline without a request for extension, it is likely to be rejected. You may apply for an extension of time, but only for compelling reasons in exceptional circumstances.

Key Takeaways

The appeal process from an Employment Tribunal to the Employment Appeal Tribunal in England and Wales involves several critical steps:

• Obtain written judgment and reasons, where necessary.
• Calculate and comply with the 42‑day appeal deadline, lodging the Notice of Appeal and supporting documents.
• Submit the appeal using the EAT's filing methods.
• Seek permission to appeal based on points of law.
• Attend an appeal hearing if permission is granted.
• Follow through on the EAT's decision, with further appeal to the Court of Appeal only in limited circumstances.

Careful preparation, meeting procedural requirements, and clear legal grounds are essential for navigating the appeal process successfully.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.