Employment Tribunal Appeals

Lost Your Unfair Dismissal Claim?

An Employment Tribunal decision is not always the final word. If you believe the tribunal made a legal mistake in your case, our specialist solicitors can provide expert advice on the grounds and process for appealing to the Employment Appeal Tribunal (EAT).

The Reality of an Appeal: It Must Be on a Point of Law

This is the most critical point to understand: you cannot appeal an Employment Tribunal decision simply because you disagree with the outcome. The Employment Appeal Tribunal (EAT) will only hear an appeal if the original tribunal made a specific **error of law**.

Misinterpreted the Law

The tribunal applied the wrong legal test or misunderstood a relevant statute.

Flawed Procedure

The way the hearing was conducted was legally unfair, preventing you from properly presenting your case.

No Evidence

The tribunal made a crucial finding of fact that was based on no evidence at all.

A Perverse Decision

The decision was so unreasonable that no sensible tribunal could have ever reached it. This is a very high hurdle to clear.

Real UK Case Study: Successful EAT Appeal

Gwynedd Council v S Barratt [2021]

The Situation: Two employees were dismissed following a breakdown in their working relationship. The Employment Tribunal (ET) found their dismissals to be fair.

The Grounds for Appeal: The employees appealed, arguing that the ET had made a legal error by failing to properly consider relevant evidence and substituting its own view for that of the employer, instead of applying the correct legal test.

The Outcome: The Employment Appeal Tribunal (EAT) agreed. It ruled that the ET had not applied the law correctly and had failed to properly engage with the evidence. The EAT overturned the decision and sent the case back to a new tribunal to be reheard.

What this means for you: This case shows that appeals can succeed, but only on specific legal grounds. Our expert solicitors can meticulously review your case to identify if a genuine error of law has occurred, giving you an honest assessment of your prospects.

Let Us Assess Your Case for an Appeal

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Your Questions About Employment Tribunal Appeals

Grounds & Prospects of Success

What are my chances of a successful appeal?

Statistically, most appeals are not successful because the grounds are so narrow. However, that does not mean your case has no merit. Our role is to provide a robust and honest assessment of your case to identify if a genuine error of law exists, giving you a clear understanding of your prospects before you proceed.

What's the difference between an appeal and a reconsideration?

A 'reconsideration' is an application back to the *same* Employment Tribunal, asking them to look again at their decision, usually if new evidence has come to light. An 'appeal' is a completely separate process where you ask a higher court, the Employment Appeal Tribunal (EAT), to rule that the original judge made a legal mistake.

Can I introduce new evidence at the appeal?

No. The EAT will only review the law and the evidence that was presented at the original tribunal hearing. An appeal is not a second chance to re-run your case or present new arguments or evidence that you forgot to mention the first time.

My employer is appealing a decision I won. Can you help?

Yes, absolutely. If you have won your claim and your employer is appealing, we can provide robust legal representation to defend the original decision and protect the compensation you have been awarded.

The Process & Costs

What is the time limit for an appeal?

There is a very strict deadline. You have just **42 days** from the date the written judgment was sent to you to submit your Notice of Appeal to the EAT. This is a hard deadline and it is crucial to seek legal advice immediately after receiving your judgment.

What is the EAT "sift" stage?

After you submit your appeal, a judge will review the papers in a process called the "sift". The judge will decide if your appeal has any reasonable prospect of success. If it does not, it will be dismissed at this early stage. This is why having a solicitor draft your grounds of appeal is so important.

How are the legal fees for an appeal paid?

We will provide a clear estimate of our fees for each stage of the process. Legal fees for an appeal are typically paid privately. It is important to be aware that in the EAT, the losing party is more likely to be ordered to pay some of the winning party's legal costs than in the initial tribunal.

What happens if I win my appeal?

If your appeal is successful, the EAT will usually 'remit' the case back to a fresh Employment Tribunal to be heard again from the beginning, but with the correct legal direction provided by the EAT. In some rarer cases, the EAT may substitute its own decision.