Employment Appeal Tribunal (EAT)

Either side can appeal against a tribunal decision, but only if there has been an error of law or the decision was perverse (meaning that no reasonable tribunal could have come to that decision).

Appeals from employment tribunals go to the EAT in England, Wales and Scotland (which has a separate EAT); in Northern Ireland, appeals from industrial tribunals go to the Court of Appeal. The appeal must be lodged within 42 days of the tribunal sending out its decision, not the date when you received it (Gdynia American Shipping Lines v Chelminski [2004] IRLR 725).

Although the EAT has discretion to extend the time limit it is exercised only in very rare and exceptional cases (Aziz v Bethnal Green City Challenge [2000] IRLR 111). If you have submitted an appeal and not had it acknowledged it is important to check that it has been received. You should contact the EAT office to make sure.

EAT procedure is governed by the Employment Appeal Tribunal Rules 1993 (as amended) and the Employment Appeal Tribunal Practice Direction 2004. New procedural rules are expected from Summer 2013.

The EAT will not conduct a rehearing of the facts. New evidence and new points of law cannot be raised on appeal if they were not raised at the tribunal hearing, unless there are exceptional circumstances. The EAT can order costs (expenses in Scotland) against a party if its appeal proceedings were unnecessary, improper, vexatious or misconceived, or if there is unreasonable conduct. It can also order costs for a failure to comply with an order. It is recommended that you get legal advice before contemplating an appeal.