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You can appeal to the Employment Appeal Tribunal (EAT) if you think a legal mistake was made in an employment tribunal case.

For example, you could appeal if it:

• got the law wrong
• did not apply the correct law
• did not follow the correct procedures and this affected the decision
• had no evidence to support its decision
• was unfairly biased towards the other party

EAT is independent of government and will listen to both sides of the argument before making a decision.

Before you appeal

Ask the to send you the reasons for the decision, if you do not already have them. You can continue your appeal while you wait for them.

Help with your appeal

Read the rules that EAT follows when making decisions.

You can also get free legal advice from and .

Contact the Employment Appeal Tribunal

Contact the enquiry line for more information.

1. Read the full and appeal guidance.

2. Fill in the notice of appeal form.

3. Send the form, with the supporting documents listed on it, to the Employment Appeal Tribunal (EAT) office.

You do not have to pay a fee to make an appeal.

Deadline for appealing

You must appeal within 42 days of the date that either:

• the decision was sent to you
• the reasons were sent to you (but only if the Employment Tribunal did not provide reasons at the hearing or you asked for the reasons within 14 days of the decision being sent to you)

Your appeal must arrive by 4pm on the final day.

You can ask for an appeal to be considered even if it鈥檚 late, but extensions are rarely given, and you must have a good reason.

Where to send your appeal

You can send it:

• through the E-Filing service
• by email 鈥� you must attach the appeal form and any supporting documents to the email, and the email must be 10MB or less
• by post

The email or postal address is different depending on where your case was heard.

For cases in England and Wales

For cases in Scotland

After you appeal

EAT will decide if your case can go ahead. If it can, you may be asked to attend a hearing to present your case.

If your appeal cannot go ahead, you鈥檒l be sent a letter explaining why and whether you can appeal further.

You may have to attend a hearing where you (or your representative) will present your case.

The Employment Appeal Tribunal (EAT) will decide if your appeal has been successful.

Preparing for the hearing

You鈥檒l usually be asked when you鈥檙e available to attend a hearing. In certain cases you may be told when a hearing will take place, but you鈥檒l be told at least 14 days beforehand. Hearings can be held sooner than this under exceptional circumstances.

You鈥檒l be told what documents you need to send to EAT and to other parties.

You may be able to get free advice immediately before the hearing if you do not have a representative - ask EAT for details.

What happens at the hearing

You鈥檒l present your case - someone else can do this for you, for example , friend or family member. The other party will present the case against you. You may be asked questions about your case.

You may be able to appeal to a higher court if you think there was a legal problem with the Employment Appeal Tribunal鈥檚 (EAT鈥檚) decision.

Appealing an Employment Appeal Tribunal decision made in England or Wales

You must ask for permission before you appeal to the higher court, the Court of Appeal. You can either ask EAT or the Court of Appeal for permission.

You must provide your grounds for appeal and the legal problem with the decision.

Asking EAT for permission

You must ask EAT for permission to appeal within 7 days of the date on the decision letter.

You can ask for permission on the day of your hearing (if you receive your decision on the day).

If you鈥檙e refused permission, you can ask the Court of Appeal directly.

Asking the Court of Appeal for permission

You can ask the Court of Appeal for permission. You must do this within 21 days of the date on the decision letter.

If you receive a Rule 3(7ZA) or Rule 3(10) order聽聽

If your appeal has been rejected under Rule 3(7ZA) or dismissed under Rule 3(10), you cannot ask EAT for permission to appeal.聽

You need to ask the Court of Appeal directly for permission within 7 days of the date of the order.

Asking for more time

You can ask for more time to ask for permission to appeal. You must have a good reason.

You usually have to ask the Court of Appeal for more time.

Appealing to the Court of Appeal

Once you鈥檝e been given permission, you can appeal to the Court of Appeal.

Appealing an Employment Appeal Tribunal decision made in Scotland

You must ask EAT for permission to appeal within 7 days of the date on the decision letter.

If you get permission, you can appeal to the Scottish higher court, the .

If you鈥檙e refused permission to appeal by the EAT, you can ask the Court of Session directly. You must do this within 42 days of the date you were refused permission. to find out how to do this.

Read the rules the Employment Appeal Tribunal (EAT) must follow and its decisions on previous cases.

Legislation

EAT must follow the rules and process in the:

• Employment Appeal Tribunal Rules 1993 (as amended) 鈥攆ind these on the

EAT has also issued a practice direction on the that provides more detailed guidance.

For appeals of a tribunal decision made in Scotland, all parties must follow Chapter 41 - Appeals under Statute of the .

Previous decisions

You can made in other EAT cases.