Appeals against a decision made by an Employment Tribunal (ET) are made to the Employment Appeal Tribunal (EAT) which will only consider appeals on a 'points of law' except on certain appeals from decisions of the Certification Officer where an appeal may be on the law or fact. A point of law concerns the interpretation of the legislation and its application to the facts of the case. A decision is wrong if the law has been incorrectly interpreted or applied or if the decision is one which no reasonable tribunal could have reached. The EAT will not normally admit fresh evidence unless, exceptionally, its existence could not have been reasonably known of or foreseen and it would have had an important influence on the hearing.
A point of Law or legal point means the appeal is based in part or in whole on a question about an interpretation or misinterpretation of the relevant law. The EAT might regard a judgment of the ET as unsound if there is an indication that a statute was misinterpreted or the determination was so unreasonable that no rational ET should have come to that conclusion.
The admittance of evidence by an Employment Appeal Tribunal solicitor that was not heard in the initial ET will not be heard in the EAT, except in those rare cases when the evidence was not available for the ET to consider at the initial hearing. Additionally any new evidence must be of such a nature that it would have made a strong compelling impact on the original ET case.
If the appellant's Employment Appeal Tribunal solicitor wishes to introduce new evidence for consideration by the EAT then an affidavit must be sworn to by the claimant, confirming the circumstances. The other party has a right to review the affidavit and to make comment; therefore the affidavit must be complete, available and served ahead of any EAT hearing.
The EAT is composed of three people. One of the members is the judge. The two other members, normally laymen, have knowledge and/or experience related to industry or manufacturing. These lay members are jointly endorsed for appointment by the Secretary of State for Trade and Industry and the Lord Chancellor.
Any appeal to the Employment Appeal Tribunal must be made within 42 days of receipt of the full written decision. Means tested legal aid is available for making an appeal. The EAT usually consists of a Judge with two lay members with special knowledge or experience of industrial relations who are drawn in equal numbers from those whose experience comes from representing employers and workers. The lay members are appointed by the Queen on the joint recommendation of the Lord Chancellor and the Secretary of State for Trade and Industry. Jurisdiction extends to England and Wales and Scotland.
An appeal which contains a complaint of bias or improper conduct will usually be the subject of specific directions including an order that the complainant swears an affidavit describing what went on in advance of any hearing which is then sent to the other parties concerned for comment.
An appeal from the Judgment of the EAT is to the Court of Appeal in London or the Court of Session in Edinburgh and applications for permission to take the matter further should be made at the hearing. If an application for permission to appeal is not made at the hearing or is refused an application can be made directly to the Civil Appeals Office at the Royal Courts of Justice or in Scotland to the Court of Sessions.
A general guideline is as follows:
The time limit for applying for Review of an Employment Appeal Tribunal Order is 14 days from the date of the Order.
Our Employment Appeal Tribunal solicitors deal exclusively with employer/employee matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor just use the helpline.HELPLINE: ☎ 0330 660 7004