How to Appeal an Employment Tribunal Decision in the UK

Successfully navigating the process of appealing an employment tribunal decision in the United Kingdom requires a thorough understanding of the steps involved and the relevant legal guidelines. This article provides a detailed guide on how to appeal, ensuring that you meet all the necessary requirements and increase your chances of success.

Understanding the Appeal Process

Appealing an employment tribunal decision involves several key steps. You must file a Notice of Appeal within 42 days of receiving the written reasons for the original judgment. This is a critical first step that sets the stage for your appeal.

Step-by-Step Guide to Appealing

1. Filing a Notice of Appeal (42 Days)

The first step in the appeal process is to file a Notice of Appeal within 42 days of receiving the written reasons for the original tribunal decision. This document should clearly state the grounds for your appeal, which must be based on legal errors rather than merely challenging the outcome of the case.

2. Including the Grounds for the Appeal

Your Notice of Appeal must include a detailed explanation of the legal errors or factual misinterpretations that you believe were made by the original employment tribunal. These grounds should be supported by relevant evidence, such as transcripts, documents, or other materials that demonstrate the errors.

3. Paying the Required Fees

Along with filing your Notice of Appeal, you must pay a fee of ￡400. If your case proceeds to a final hearing, an additional fee of ￡1,200 is required.

4. Submitting the EAT Bundle (28 Days Before Hearing)

At least 28 days before the scheduled hearing, you must submit the Employment Appeal Tribunal (EAT) bundle. This bundle should include all documents relevant to your appeal, ensuring that the EAT has a comprehensive understanding of the case.

5. Asking for Permission to Appeal (7 Days After Decision)

Within 7 days of receiving the tribunal's decision, you must formally request permission to appeal. This is a crucial step as the EAT has the final say on whether to allow your appeal to proceed. You should provide a compelling argument for why the case deserves a review.

6. Appealing to the Court of Appeal (If Permission Granted)

If your request for permission to appeal is granted, your case will then move to the Court of Appeal level. The Court of Appeal has the authority to review the decision and make any necessary corrections or adjustments.

Additional Considerations

There are a few other important points to keep in mind as you navigate the appeal process:

Finding More Information: The EAT website is an invaluable resource for detailed guidance on the appeal process. Familiarise yourself with the latest EAT Rules and Guidance before completing your Notice of Appeal form. Requesting Extra Time: If you need more time to request permission to appeal, you can do so, but you must have a valid reason. Demonstrating a compelling necessity will be essential in your application. Additional Evidence: It is generally not advisable to submit unverified or additional evidence to the EAT. Ensure that all documents are accurate and relevant to your appeal.

By following these steps and considering these additional factors, you can increase your chances of a successful appeal in the UK employment tribunal system.