Read the full practice direction and appeal guidance . Fill in the notice of appeal form . 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’s 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 – 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 Employment Appeal Tribunal (EAT) londoneat@justice.gov.uk Telephone: 020 7273 1041 Find out about call charges Employment Appeal Tribunal ( EAT ) 5th Floor Rolls Building 7 Rolls Buildings Fetter Lane London EC4A 1NL For cases in Scotland Employment Appeal Tribunal (EAT) edinburgheat@justice.gov.uk Telephone: 0131 225 3963 Find out about call charges Employment Appeal Tribunal ( EAT ) George House 126 George Street Edinburgh EH2 4HH 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’ll 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. You’ll be told the outcome of the case either at the end of the hearing or afterwards by letter. Preparing for the hearing You’ll usually be asked when you’re available to attend a hearing. In certain cases you may be told when a hearing will take place, but you’ll be told at least 14 days beforehand. Hearings can be held sooner than this under exceptional circumstances. You’ll 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. You cannot claim any expenses for going to a hearing. What happens at the hearing You’ll present your case - someone else can do this for you, for example a lawyer , friend or family member. The other party will present the case against you. You may be asked questions about your case.

If you lose 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’s ( EAT ’s) decision. Get legal help or advice if you’re not sure about this. Appealing an employment 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 receiving the decision. You can ask for permission on the day of your hearing (if you receive your decision on the day). If you’re 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 you were told you lost your case or were refused permission by EAT . If you receive a Rule 3(7ZA) or Rule 3(10) order If your appeal has been rejected under Rule 3(7ZA) or dismissed under Rule 3(10), you cannot ask EAT for permission to appeal. 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’ve been given permission, you can appeal to the Court of Appeal . Appealing an employment tribunal decision made in Scotland You must ask EAT for permission to appeal within 42 days. If you get permission, you can appeal to the Scottish higher court, the Court of Session . If you’re refused permission to appeal by EAT , you might be able to ask the Court of Session directly. Contact the Court of Session to find out how to do this.

Legislation and previous decisions

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) —find these on the Judiciary website Employment Tribunals Act 1996 EAT has also issued a practice direction on the Judiciary website 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 Rules of the Court of Session 1994 . Previous decisions You can search for decisions made in other EAT cases.

Appeal to the Employment Appeal Tribunal (EAT)

Q: Overview

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 Get legal advice if you’re unsure about this. EAT is independent of government and will listen to both sides of the argument before making a decision. Before you appeal Ask the employment tribunal 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 Citizens Advice and Citizens Advice Scotland . Contact EAT Contact the enquiry line for more information. EAT public enquiry line Telephone: 020 7273 1041 (England and Wales) Telephone: 0131 225 3963 (Scotland) Find out about call charges

Overview

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

Get legal advice if you’re unsure about this.

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

Before you appeal

Ask the employment tribunal 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 Citizens Advice and Citizens Advice Scotland.

Contact EAT

Contact the enquiry line for more information.

EAT public enquiry line
Telephone: 020 7273 1041 (England and Wales)
Telephone: 0131 225 3963 (Scotland)
Find out about call charges

View a printable version of the whole guide

Appeal to the Employment Appeal Tribunal (EAT)

Overview

Before you appeal

Help with your appeal

Contact EAT

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Appeal to the Employment Appeal Tribunal (EAT)

Overview

Before you appeal

Help with your appeal

Contact EAT

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