This guide is maintained as a current resource for September 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, understand time limits, grounds of appeal, procedures at the Employment Appeal Tribunal, and practical steps to manage your claim effectively.
After an Employment Tribunal (ET) decision, parties sometimes want to challenge the outcome. The employment tribunal appeals process exists to review legal errors and ensure tribunal decisions comply with legal principles. This guide explains when you can appeal, how the process works, key steps, time limits, potential risks and common questions. It is written in clear language for employees, employers, solicitors, students and members of the public in England and Wales.
What Is an Employment Tribunal Appeal?
An appeal from an Employment Tribunal is not an automatic reconsideration of all aspects of your case. Instead, it is a legal challenge to the tribunal's application or interpretation of the law. Appeals are heard by the Employment Appeal Tribunal (EAT), a specialist court which deals solely with questions of law rather than factual disputes.
Unlike registering a complaint about a tribunal's conduct or asking the tribunal itself to reconsider its judgment, an appeal to the EAT focuses on law: whether the tribunal applied the correct legal test or reached a decision that no reasonable tribunal could have made.
When Can You Appeal a Tribunal Decision?
You can normally appeal a tribunal judgment if you can show a point of law has arisen. Typical examples include:
- The tribunal misunderstood or misapplied statutory or common law;
- The decision was one that no reasonable tribunal could have reached (“perverse” decision);
- The tribunal made a legal error in procedure or reasoning.
Disagreement with the tribunal's facts or view of evidence alone is not enough; you must demonstrate a legal error.
Before You Appeal: Written Reasons and Reconsideration
If your tribunal hearing resulted in an oral decision without written reasons, you should ask for written reasons within 14 days of receiving the written record of the judgment. Without written reasons, you cannot accurately identify legal errors.
You can also request a reconsideration of the tribunal's judgment from the tribunal itself, though this is typically limited to correcting errors within the original panel or clerical mistakes. However, requesting reconsideration does not extend the strict time limit for appealing.
Step‑by‑Step: Appealing to the Employment Appeal Tribunal
1. Check the Time Limit
To appeal to the EAT, you must lodge your appeal within 42 days (six weeks) of the date the ET sent you its written judgment or, where appropriate, written reasons. The deadline runs to 4pm on the final day. Missing this deadline typically prevents the EAT from considering your appeal unless you can show truly exceptional circumstances.
2. Prepare Your Notice of Appeal
Your appeal must include a Notice of Appeal that:
- Identifies the tribunal decision or order you are appealing;
- Sets out the grounds of appeal, explaining the legal errors you allege;
- Is accompanied by a clean copy of the judgment and any written reasons.
Failing to include supporting documents may mean your appeal is not validly lodged.
3. Submit the Appeal
Appeals should be submitted to the Employment Appeal Tribunal using the prescribed method, usually via the EAT's electronic filing system unless there is good reason not to use it. Submissions by email or post are permitted where necessary, but care must be taken to meet formatting and size requirements.
4. Determine Permission to Appeal
The EAT must first decide whether to grant permission to appeal. This may be done “on the papers” (without a hearing) if the grounds clearly raise arguable legal issues. If permission is refused on the papers, you can request an oral permission hearing under Rule 3(10) of the EAT Rules.
5. Full Appeal Hearing
If permission is granted, the appeal proceeds to a full hearing before an EAT judge or panel. At this stage, legal arguments are presented on the identified points of law. The EAT will not normally revisit factual findings of the tribunal, but may overturn legal conclusions.
Time Limits and Extensions
The EAT's time limit is strict: your complete appeal must be received by 4pm on the 42nd day after the judgment or written reasons are sent. All days, including weekends and bank holidays, count when calculating this period.
Extensions of time are granted only in exceptional circumstances and require a separate application explaining the delay. Routine difficulties such as postal problems or illness rarely meet the test.
Outcomes of an Appeal
If the EAT allows your appeal, it may:
- Quash the original tribunal decision and send the case back to a new ET for reconsideration;
- Substitute its own decision on the legal issue where appropriate;
- Remit the matter for limited reconsideration by the original tribunal.
If the appeal fails, the original tribunal judgment stands. The EAT can also award costs in appropriate cases.
Practical Considerations
Legal Representation
Legal argument at the EAT often involves detailed points of statutory interpretation and case law. Many appellants choose representation by a solicitor or barrister to prepare grounds of appeal and skeleton arguments. However, parties may represent themselves.
Evidence and Grounds of Appeal
You should assemble all tribunal documents, written reasons, case law authorities and statutory provisions that support your legal argument. Clear articulation of legal errors in your grounds of appeal increases the chance of permission being granted.
Costs and Risks
Appeals can extend the duration of your dispute and involve additional costs. If your appeal is unsuccessful and deemed unmeritorious, the EAT may consider awarding costs against you.
Common Questions
Can I appeal because I disagree with the tribunal's facts?
No. Appeals to the EAT are limited to points of law and do not revisit factual findings.
What if I missed the 42‑day time limit?
An extension may be sought, but only in exceptional circumstances. Missing the deadline without compelling reason will normally render the appeal invalid.
Does an appeal automatically stay the original judgment?
No. You may need to apply separately for a stay (suspension) of the original tribunal order, particularly if it involves payment or reinstatement obligations.
Key Takeaways
The employment tribunal appeals process in England and Wales enables parties to challenge tribunal decisions on legal grounds before the Employment Appeal Tribunal. You must identify a point of law, lodge a Notice of Appeal with supporting documents within 42 days, and secure permission to appeal. The appeal focuses on interpretation and application of legal principles, not factual disputes. Careful preparation of grounds, strict adherence to deadlines, and, where needed, legal representation, are key to navigating this process successfully.
