Appeal a call up to the reserve forces
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1. Overview
You can appeal to the Reserve Forces Appeal Tribunals (RFAT) if:
- you鈥檙e in the UK reserve forces and your request for exemption from service has been turned down
- you employ a reservist and your request for their exemption from service has been turned down
The tribunal must receive your appeal within 5 days of you receiving the decision (鈥榙etermination鈥�) letter or your application may be rejected.
If you鈥檙e going to miss the deadline and have a valid reason, say why when you appeal. Extensions are only granted in exceptional circumstances.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
Help you can get
Contact RFAT or your legal representative if you have any questions about appealing. RFAT cannot give you legal advice.
Reserve Forces Appeal Tribunals
[email protected]
Telephone: 0161 833 6100
Monday to Friday, 9am to 5pm
Find out about call charges
You may want to get legal advice before you appeal.
2. Appeal to the tribunal
Write a letter called a 鈥榥otice of appeal鈥� to the Secretary of Tribunals.
Your letter must include:
- your name, address and telephone number
- a statement that it鈥檚 a 鈥榥otice of appeal鈥�
- the grounds for appealing the decision
- what you want the tribunal to decide (known as the 鈥榙etermination鈥�)
- whether you want to attend the hearing
- whether you鈥檒l be legally represented
- the names and addresses of any witnesses you鈥檇 like to give evidence at the hearing
You鈥檒l need to include:
- a copy of the decision you鈥檙e appealing
- all documents that were part of your application for exemption
- any relevant documents that were not part of your original application - and the reasons why they were not included
Send your letter
You can email, post or deliver your notice of appeal in person to:
Secretary of Tribunals
Reserve Forces Appeal Tribunals
Employment Tribunals
Regional Office
Alexandra House
14-22 The Parsonage
Manchester
M3 2JA
Secretary of Tribunals
[email protected]
3. After you send your application
You鈥檒l be told straight away when your appeal has been received.
You鈥檒l also be given:
- a case name
- a case number
- an address for sending any further letters and documents to the tribunal
- a date for your hearing - it鈥檒l usually be within 28 days of the tribunal getting your appeal
You鈥檒l normally find out within a week of sending your appeal:
- whether the tribunal will consider your case
- whether the Reserve Forces opposes the appeal and why
- if the tribunal needs more information
You鈥檒l get another letter a few days before the hearing telling you what documents to bring with you, or send by post in advance.
Witnesses
The tribunal may suggest witnesses. You must contact them and make sure they appear at the hearing.
The tribunal can force witnesses to appear at the hearing if you鈥檙e unable to do it yourself - the tribunal will tell you how.
4. What happens at the hearing
You (or your legal representative) will present your case to the tribunal. An 鈥榓djudication officer鈥� will represent the Reserve Forces.
Both sides can give evidence, call witnesses, question witnesses and make statements to the tribunal.
If neither side wants to attend a hearing, a decision will be made without a hearing. This is called a 鈥榩aper hearing鈥�.
You and any witnesses who attend a hearing may be able to claim for expenses you have, for example accommodation or travel.
Hearings are usually held in public.
The tribunal鈥檚 decision
You may get a decision at the end of the hearing. You鈥檒l also get a written copy sent to you.
If a decision鈥檚 not made at the hearing, you鈥檒l get a letter telling you the decision within 1 month. This is known as a 鈥榬eserved鈥� decision.
5. If you're unhappy with the decision
You cannot appeal if you lose the case.
In exceptional circumstances, you may be able to ask for the tribunal to review its decision, for example if:
- new evidence becomes available
- the Secretary of Tribunals made a mistake in the proceedings
- someone had the right to attend the hearing but could not, and had a valid reason for doing so
- something else has gone wrong that鈥檚 made the process or decision unfair (known as a review 鈥榠n the interests of justice鈥�)
You can get legal advice, including from a lawyer, if you need help.
Write to the Secretary of Tribunals within 5 days of getting the decision.
Secretary of Tribunals
Reserve Forces Appeal Tribunals
Employment Tribunals
Regional Office
Alexandra House
14-22 The Parsonage
Manchester
M3 2JA
Secretary of Tribunals
[email protected]
What happens next
The tribunal can:
- 鈥榮et aside鈥� the decision - this means you鈥檒l have another hearing
- change the decision
6. Legislation
The tribunal must follow the rules and process in:
- the
The tribunal will make a decision based on the