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 the employment tribunal appeals process in England and Wales. Learn how to appeal tribunal decisions on points of law, calculate strict time limits, prepare your notice of appeal, understand possible outcomes and practical steps for pursuing appellate claims.
When an employment tribunal makes a decision about a workplace dispute - such as unfair dismissal, discrimination, holiday pay, redundancy or whistleblowing - that decision is in many cases final. However, if one of the parties believes the tribunal has made a legal error, the law provides a structured appeals process. Understanding how to appeal, the legal grounds required, time limits, procedures and potential outcomes is essential for employees, employers, solicitors and others involved in workplace disputes. This article explains the appeals process in clear, practical terms, focused on England and Wales.
What Decisions Can Be Appealed?
Only certain tribunal decisions can be appealed. You cannot appeal simply because you disagree with the outcome or are unhappy with the result. You may appeal a tribunal judgment, order, direction or other decision if you believe it was affected by an error of law. Typical examples include where the tribunal:
- applied the wrong legal test;
- misinterpreted key statutory provisions;
- followed incorrect procedures that affected the decision;
- had no evidence to support its findings.
An appeal on a point of law means the Employment Appeal Tribunal (EAT) will review whether legal principles were correctly applied - not usually rehearing all the evidence or reconsidering how the tribunal evaluated witnesses.
Before You Appeal: Reconsideration and Written Reasons
Requesting Written Reasons
When you receive an employment tribunal's decision, it will normally include a written judgment with reasons. If it does not, you should request written reasons within 14 days from the date the decision was sent to you. Written reasons are essential because they explain how the tribunal applied the law, and the appeal process depends on them.
Reconsideration by the Tribunal
In some situations, you can ask the original employment tribunal to reconsider its judgment before appealing. A tribunal may reconsider a decision if there has been a procedural error, a clear mistake, or new evidence that could not have been provided earlier. A request for reconsideration is not a substitute for an appeal and does not extend the appeal deadlines.
The Employment Appeal Tribunal (EAT)
Role of the EAT
The Employment Appeal Tribunal (EAT) hears appeals against decisions of employment tribunals on points of law. It is a specialist appellate body separate from the first‑instance employment tribunals and is independent of government. The EAT does not normally re‑examine factual findings unless they directly affect the legal conclusions.
Where and How to Appeal
To start an appeal, you must submit a Notice of Appeal to the EAT, usually using the prescribed appeal form. Supporting documents should include a clean (unmarked) copy of the tribunal decision and any written reasons. If written reasons were not included in the original judgment, you must provide an explanation of why they are not included alongside your appeal.
The EAT encourages the use of its electronic filing system (E‑Filing), particularly for represented parties, but appeals can also be lodged by email or post. The tribunal office will acknowledge receipt and inform you how the appeal will proceed.
Legal Grounds for Appeal
Appealing on a Point of Law
An appeal must identify legal errors in the original decision. Typical grounds include:
- Misapplication or misunderstanding of relevant employment law;
- Failure to follow correct procedures where this affected the outcome;
- Decisions that no reasonable tribunal could have reached on the evidence.
You cannot use the appeals process simply to challenge the tribunal's factual findings, preferences, or a judge's assessment of witness credibility unless these directly involve legal misapplication.
Time Limits for Appeal
The 42‑Day Rule
The time limit for appealing a tribunal decision to the EAT is strict and non‑negotiable in most cases:
- You must lodge your Notice of Appeal and supporting documentation within 42 days from the date the judgment, order, direction or decision was sent to you.
If written reasons are sent at a later date and were specifically requested within the required timeframe, the 42‑day period may run from the date the reasons were sent.
Extensions and Late Appeals
The EAT may consider an application for an extension of time if the appeal is submitted late, but extensions are rarely granted and generally require truly exceptional circumstances. Simple delays, postal issues or minor administrative problems are unlikely to be sufficient.
If a party requests reconsideration from the employment tribunal, this does not extend the 42‑day deadline for appealing.
After You Appeal
Case Management and Hearing
Once the EAT accepts your appeal, it will allocate a case manager who oversees the progress of the appeal. You may be asked to attend a hearing to present legal arguments, and both parties typically file written skeleton arguments setting out their positions.
Possible Outcomes of an Appeal
The EAT can make several different orders, including:
- Allowing the appeal, and sending the case back to an employment tribunal for a new hearing;
- Allowing the appeal and substituting its own decision where appropriate;
- Dismissing the appeal, upholding the original tribunal decision.
Each outcome depends on the legal merits of the appeal and the nature of the errors identified.
Further Appeals to Higher Courts
In some cases, decisions of the EAT can be further appealed to the Court of Appeal and, subsequently, the Supreme Court, but only with permission (either from the EAT or the higher court). Permission will generally only be granted where the case raises important points of law of general public importance. These further appeals are exceptional.
Practical Considerations and Risks
Preparing a Strong Appeal
Drafting a successful appeal requires clearly articulating the legal errors and how they influenced the outcome. Accurate referencing of statutory provisions, case law and tribunal rules strengthens your case. Many appellants choose to instruct experienced solicitors or barristers to prepare persuasive argumentation.
Costs and Representation
There is no fee for lodging an appeal with the EAT. However, if legal representation is used, professional costs can arise. In some discrimination or protected characteristic cases, limited legal aid may be available. Self‑representation is permissible, although the complexity of appellate law can make representation advisable.
Enforcement During Appeal
If you have been awarded compensation or remedies by an employment tribunal but the other party has appealed, you should contact the county court to request a stay of enforcement while the appeal is pending. Without this, a claimant may be expected to attempt enforcement even where the appeal might affect the underlying order.
Common Questions from our Readers
Can I appeal just because I disagree with the tribunal's decision?
No. You must show that there was a legal error in how the tribunal interpreted or applied the law. Disagreement with factual findings alone is not sufficient.
What if I miss the 42‑day deadline?
Extensions are rarely granted and require exceptional justification. It is vital to calculate the deadline carefully from the date written reasons were sent.
Do I need a solicitor to appeal?
You are not required to have a solicitor. Parties can represent themselves, but appeals involve complex legal issues, making professional guidance advisable.
Key Takeaways
The employment tribunal appeals process in England and Wales provides a vital route for correcting legal errors in tribunal decisions. An appeal must be lodged with the Employment Appeal Tribunal within 42 days of the tribunal's judgment or written reasons being sent, and can only be made on a point of law. The EAT reviews whether the original tribunal applied the law correctly and can uphold, overturn or remit decisions. Because the appeals process is legally technical and time‑sensitive, early preparation, accurate calculation of deadlines and, where appropriate, professional legal support are crucial to preserving your rights.
