EMPLOYMENT APPEAL TRIBUNAL – NO WIN NO FEE SOLICITORS
Claimants are not always satisfied with the decision made by the Employment Tribunal. A claimant who is unhappy with the ruling of the Employment Tribunal can, in some cases, appeal that decision in the Employment Appeal Tribunal (EAT). The law limits the amount of time in which you have to bring your appeal to the EAT. Once you have received the full written decision of the Employment Tribunal, you then have 42 days to make your appeal.
The EAT, it should be noted, will not hear every appeal. The majority of the time, the Employment Appeal Tribunal will only hear a case if the appeal is based on a point of law. An exception to this general rule, however, is made for cases where the appeal is being brought against a decision made by the Certification Officer.
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“Point of law” means that the appeal is based on a question as to the interpretation of a given statute and the application of that statute to the claimant’s case. The Employment Tribunal Appeal will consider a decision to be incorrect if it finds that the law was interpreted incorrectly or that the decision is one that no reasonable tribunal could have reached. In general, the admission of fresh evidence is not allowed by the Employment Appeal Tribunal. An exception, however, is made for cases in which the prior existence of the evidence in question could not have been reasonably known or foreseen by the claimant. The evidence must meet the further requirement that it would have had a significant impact on the hearing.
If the original complaint contained accusations of improper conduct or bias, then specific instructions must be followed in bringing the appeal. One requirement is that the claimant must swear an affidavit affirming that the events being complained of did, in fact, occur. The other parties have a right to review and comment on the affidavit, so it must be sworn before the appeal hearing.
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The Employment Appeal Tribunal is made up of three individuals. One member of the Employment Appeal Tribunal is a judge. The other two members are lay persons who have some particular knowledge of or experience with industrial relations. The lay members who serve on the Employment Appeal Tribunal are selected by the joint recommendation of the Secretary of State for Trade and Industry and the Lord Chancellor.
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The Employment Appeal Tribunal is not the final word. If the claimant is dissatisfied with the Appeal Tribunal’s decision, they can appeal it to the Court of Appeal or the Court of Session. An application for permission to the pursue the claim further should be made at the Employment Appeal Tribunal hearing. If such application is not made, or if the application is denied, the claimant can then make an application to Civil Appeals Office at the Royal Courts of Justice or to the Court of Sessions in Scotland.
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It is critical that you be aware of all of the relevant time limitations so that you do not lose your right to make an appeal, however you should never trust to written information as employment law is a fast moving subject. Always take personal advice from a specialist employment law solicitor or barrister on matters relating to time limits. The following information should be treated with caution :-
- Applying for review of an EAT decision : fourteen days from the date the order was issued.
- Appealing the Registrar's order : five days from the date of the order appealed.
- Applying for leave to appeal to the Court of Appeal : fourteen days from the date the judgment was sent to the individuals who are party to the case
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Our nationwide network of solicitors are employment law specialists providing representation to citizens located throughout the UK. Highly skilled solicitors are qualified to bring claims before the Employment Tribunal, make an appeal to the EAT and negotiate settlements with employers.
To speak to a specialist employment solicitor today, simply email our offices or call our helpline. You will receive a confidential, no charge consultation on your potential employment law claim.
SOLICITORS HELPLINE 0844 332 0018