EMPLOYMENT APPEAL TRIBUNAL SOLICITORS - EAT APPLICATIONS

Applicants are often not satisfied with the decision of the Employment Tribunal (ET) and in some cases they may be able to appeal to an independent body called the Employment Appeal Tribunal (EAT). The most significant aspect of the Employment Appeal Tribunal is that legal aid is available to appellants however the grounds for appeal are severely restricted and appeals can only be instigated in regards to a point of law but there are some exceptions to this general rule. Proceedings before the EAT are not a re-run of the proceedings before the ET, they do not represent a second bite at the cherry, but their purpose is to clarify what may have been a mis-interpretation or mis-application of the law by the Employment Tribunal. In general terms new evidence will not be admitted nor will previous evidence be reconsidered for veracity.

Point of Law

A point of law refers to the interpretation of statute, legislation or rules relevant to the employment of the appellant. If the law was interpreted or applied wrongly by the ET then the applicant has the right to ask the EAT to clarify the issue in contention. The decision of the EAT can be appealed to the Court of Appeal which is part of the High Court but only in very restricted circumstances.

Time Limits

There are time limits on making application for an appeal and in general terms a prospective appellant has only 42 days from the final order of the Employment Tribunal to lodge an application with the Employment Appeal Tribunal. The following time limits also apply :-

• review of an EAT decision : 14 days from the date the order was issued
• appeal Registrar's order : 5 days from the date of the order
• applying for leave to appeal to the Court of Appeal : 14 days from judgment dispatch

Free Legal Advice

If you are considering appealing a decision of the ET to the EAT our specialist employment solicitors offer advice without charge and without further obligation. For those not eligible for legal aid, they will consider dealing with an appeal to the EAT using the no win no fee scheme.

If you would like free advice on applications to the Employment Appeal Tribunal just email our offices, complete the contact form or telephone us on the helpline.

Employment Law Solicitors

Our panel lawyers are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreement law
• appeals
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation