Employment Tribunal Appeals: A Guide to Appealing a Decision
Updated: Oct 10
Employment tribunal appeals can feel daunting, and the outcome of your case is not always the one you hoped for. If you think the tribunal made an error, you may have grounds to appeal. This guide walks through employment tribunal appeals step by step, so you know what to expect under employment law.
1. Understanding the grounds for appeal
An appeal is not a chance to retry your case. You can only appeal on a point of law. This means you must show that the tribunal made a legal mistake.
Common grounds for appeal
Error in law: the tribunal applied the wrong legal test or misunderstood the law.
Procedural unfairness: there was a serious procedural error, such as the improper handling of evidence or bias.
Irrational decision: no reasonable tribunal could have reached that decision on the evidence.
No new evidence: appeals are generally not a chance to put in new evidence.
2. Filing your appeal
To appeal, you send a Notice of Appeal to the Employment Appeal Tribunal (EAT). It sets out the legal grounds for your appeal. The EAT has its own forms, and the government explains how to appeal to the Employment Appeal Tribunal on GOV.UK. Check the current form and fees there.
You normally have 42 days to file the appeal. The time runs from the date the written reasons for the decision were sent to you. Missing the deadline can lead to the appeal being refused.
Written reasons
To appeal, you need the tribunal's written reasons. If you only have a short judgment, ask the tribunal for written reasons quickly. There are time limits for asking.
What the notice should include
Your details: full name, address and contact information.
The employer's details: the name and address of the other side.
Grounds of appeal: the legal errors you say the tribunal made. Be specific and refer to the decision.
Supporting documents: a copy of the tribunal's judgment and written reasons, plus the claim and response forms.
3. The appeal process: what to expect
The EAT first looks at your appeal to decide if it has enough merit to go ahead.
Preliminary review: the EAT checks whether the appeal is arguable. If it has no reasonable prospect of success, it may be dismissed at this stage.
Hearing: if the appeal passes, a hearing is listed. Both sides put their arguments. Unlike the tribunal, the EAT looks at the law, not the facts.
Decision: the EAT can uphold the tribunal's decision, overturn it, or send the case back for reconsideration.
4. Possible outcomes of an appeal
Appeal dismissed: the EAT decides the original decision was right.
Appeal upheld: the EAT overturns the decision. It may issue a new decision or send the case back for a rehearing.
Partial success: only part of the decision was wrong, so the EAT changes it in part.
5. Further appeals
If you are not happy with the EAT's decision, you may be able to go to the Court of Appeal. This is only possible if the case raises an important point of law.
Permission: you must first get permission to appeal. You need to show your case raises a significant legal issue.
Legal representation: further appeals are complex. Higher courts have strict rules, and legal help is strongly advised.
6. Costs and risks of employment tribunal appeals
An appeal can be costly and slow. Weigh the benefits and risks before you go ahead.
Legal fees: you may pay for a solicitor or barrister, even if the EAT does not charge a fee for the appeal.
Adverse costs: if you lose, you might be ordered to pay the other side's costs, especially if the appeal is seen as without merit.
Emotional impact: the process can be stressful, especially if it is long.
7. Preparing for an appeal: tips
Understand the law: learn the legal principles that apply, so you can build a strong argument.
Organise your documents: keep the tribunal's decision and papers in order.
Get legal advice: you can appeal without a lawyer, but advice can improve your chances. A solicitor or barrister can guide you through the rules.
You may also find our guides on constructive dismissal claims and the employment tribunal claim steps useful.
