Employment Appeal Tribunal Solicitors - Legal Aid

The Employment Protection Act 1975 makes it possible for parties unsatisfied with the ruling of a local Employment Tribunal (ET) to have their complaints heard by the Employment Appeal Tribunal (EAT). Either party that is dissatisfied with the findings of the ET can appeal the decision to the EAT however there are time limits for appeal which must be submitted within 42 days after receiving a full decision of the ET in writing. In the majority of cases, the EAT will only hear an appeal on a point of law and new evidence is rarely admitted following submission by an Employment Appeal Tribunal solicitor however that general rule has an exception in the case when the appeal is brought against the ruling of an ET Certification Officer.

EAT Law & Evidence

A “Point of Law” defines a factor in the appeal that is centred on some question about the interpretation made about a certain statute and its relevance to the individual’s case. The EAT may regard a ruling as incorrect in cases where it finds the law was mistakenly interpreted or the decision was one which no prudent tribunal would have reached.

Admitting new evidence submitted by an Employment Appeal Tribunal solicitor is not usually allowed by the EAT. Exceptions do however occur and new evidence may be allowed if knowledge of the evidence could not reasonably have been known at the time of the original hearing. To be admissible in an EAT any new evidence must be capable of affecting the outcome of the initial decision, had it been known at that time.

If the appeal includes allegations of bias or inappropriate conduct by EAT panel members at the time of the initial hearing; there is a requirement for the claimant to swear an affidavit that affirms the specific objectionable events. Reviewing and commenting on the affidavit by the other party is their legal right, predicating that the affidavit must be sworn and filed prior to the appeals deliberation date.

The attendance of both parties is usually necessary, however written appeals may alternatively be considered. Legal aid may be available to deal with these applications although it is not available for an original Employment Tribunal hearing.

EAT Procedure

Three individuals make up the composition of the Employment Appeal Tribunal. A judge is the most important member of the EAT. The two other members composing the EAT have a particular skill set or knowledge base and are normally involved in industrial backgrounds often senior managers or trades union officials. Lay members serving on the EAT are jointly recommended for selection by Lord Chancellor and the Secretary of State for Trade and Industry.

The procedure used in the Employment Appeal Tribunal is more formal than in the Employment Tribunal. The EAT sits in only seven locations in Britain, where they are presided over by a panel including a judge appointed by the Lord Chancellor, and a set of lay workers who have experience in employment relations. Either a solicitor, barrister or in some circumstances, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission represent the employee, or they can opt to represent themselves.

There are no statutory requirements for an individual to instruct an experienced solicitor for these hearings; however, they would be well-advised to do so, as their employer in most cases will be adequately represented by counsel. In some high profile cases, where the decision might provide precedence for a particular "point of law" in future employment law cases or when there are particularly atrocious or outrageous cases of discrimination involved, a worker might be represented by counsel appointed by the Commission for Racial Equality, the Disability Rights Commission or Equal Opportunities Commission.

Further Appeals

In the event either party is not satisfied by the decision of the EAT, an application can be made to a Court of Session or the Court of Appeal. An application should be made to the EAT requesting permission for further pursuit of the claim however if that application is turned down, a direct application to the Court of Sessions in Scotland or Civil Appeals Office at the Royal Courts of Justice in London can be submitted by an Employment Appeal Tribunal solicitor.

Time Limits for Appeal

Awareness of pertinent time limits is critical, so you will not experience the loss of the right to submit an appeal. Always seek the advice of an Employment Appeal Tribunal solicitor to determine time limits. The following is a general guideline that may change from time to time :

• Making an application to review the decision of an EAT: Fourteen days from when the order is made.
• Making an appeal of the Registrars’ order: Five days from the order being made.
• Making an application for leave to appeal to the Court of Appeal: Fourteen days from the date of issue.

Employment Appeal Tribunal Solicitors

Our Employment Appeal Tribunal solicitors are specialists in employment law and provide representation throughout the UK. Our qualified lawyers are skilled at negotiating claims with employers, issuing applications in the ET and making appeals to the EAT.

If you believe you have an employee claim or if you are an employer facing a potential claim against you and would like free advice from a solicitor with no further obligation, please use the helpline, email or complete the contact form for a free telephone consultation.