EMPLOYMENT APPEAL TRIBUNAL SOLICITORS - SHEFFIELD APPEALS

 

SOLICITORS HELPLINE 0345 515 0362

 

Sometimes a claimant is unhappy or disagrees with the decision handed down by the Sheffield Employment Tribunal. In those cases, an appeal by a solicitor is made to the Employment Appeal Tribunal (EAT). The EAT will only consider appeals based on a point of law. The only exception is for certain appeals against decisions made by the Certification Officer in Sheffield when the appeal may be based either on law or fact.

EAT Law & Evidence

An appeal on a point of law is one that centres on the interpretation of a statute and its application to the case at hand. The standard for determining whether an incorrect decision has been rendered is whether the law was incorrectly interpreted or applied or whether the decision is such that no reasonable tribunal could have reached it. Typically the Employment Appeal Tribunal does not allow the admission of fresh evidence in considering appeals. The only exception is when the existence of the evidence could not have been reasonably known or foreseen at the initial hearing before the Employment Tribunal in Sheffield. Additionally, the evidence must be such that it would have had an important influence on the hearing. Those making appeals that contain complaints regarding improper conduct or bias must follow specific instructions. For example, the complainant must swear an affidavit before a solicitor that details the events being complained of. The affidavit must be written and sworn to in advance of the hearing so that the other concerned parties and their lawyers have an opportunity to comment.

Tribunal Members

Note that there is a time limit on submissions to the Employment Appeal Tribunal. You have only 42 days from the date of receiving the full written decision of the Sheffield Employment Tribunal. The EAT comprises three individuals. One is a judge and the other two are lay members who have experience with or particular knowledge of industrial relations. Lay members experienced with representing employees and those experienced with representing employers are represented in equal numbers. Lay members serving on the EAT are jointly recommended by the Secretary of State for Trade and Industry and the Lord Chancellor.

Appealing Decision

Those unhappy with the judgment of the EAT can appeal the decision to the Court of Session or the Court of Appeal. Ideally, applications for permission to further pursue the matter should be made at the EAT hearing. If the application is not made during the hearing or if the application is refused, then the complainant or their solicitor can make an application to the Civil Appeals Office at the Royal Courts of Justice or to the Court of Sessions in Scotland.

Time Limits

Here are some of the other important time limits to take note of:

Solicitors Legal Advice

Our lawyers deal exclusively in matters of employment law and disputes. They are qualified to negotiate settlements with employers as well as bring claims to the ET and EAT. For advice without cost or further obligation about your case, call our helpline or email our offices or send the contact form.

 

HELPLINE 0345 515 0362

 

  • Applying for Review of an Employment Appeal Tribunal : 14 days from the date the Order was issued.



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  • Appealing the Registrar's Order : 5 days from the date of the Order appealed.



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  • Applying for Leave to Appeal to the Court of Appeal : 14 days from the date the Judgment is sent to the parties to the case.