Sometimes a claimant is unhappy or disagrees with the decision handed down by an Employment Tribunal. In those cases, an appeal against the Tribunal's decision is made to the Employment Appeal Tribunal (EAT). The Employment Appeal Tribunal will not hear all appeals, however. In the vast majority of cases, the Employment Appeal Tribunal will consider only appeals based on points of law. The only exception is for certain appeals against decisions made by the Certification Officer. In the case of such an exception, the appeal may be based either on law or fact.

An appeal on a point of law is one that centers 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. 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 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 have an opportunity to comment.

Note that there is a time limit on making an appeal to the Employment Appeal Tribunal. You have only 42 days from the date of receiving the full written decision of the Employment Tribunal. The Employment Appeal Tribunal 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.

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 can make an application to the Civil Appeals Office at the Royal Courts of Justice or to the Court of Sessions in Scotland.

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

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



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



• 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.

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