Navigating the employment tribunal process can be challenging, and the outcome isn’t always favourable. If you believe there has been an error in the tribunal's decision, you may have grounds to appeal. This guide will walk you through the appeals process, explaining each step and what to expect.
1. Understanding Grounds for Appeal
An appeal is not simply a chance to retry your case. Appeals are only permitted on specific legal grounds, meaning you must demonstrate that the original tribunal made a legal mistake.
Common Grounds for Appeal
Error in Law: This could involve the tribunal applying the wrong legal principles or misinterpreting the law.
Procedural Unfairness: If there was a significant procedural error during the tribunal, such as the improper handling of evidence or bias, it might be grounds for appeal.
Irrational Judgment: If the tribunal’s decision was one that no reasonable tribunal could have reached based on the evidence, it might be considered irrational and open to appeal.
No New Evidence: It’s important to note that appeals are generally not opportunities to present new evidence.
2. Filing the Appeal: The ET1A Form
If you decide to appeal, you’ll need to file a Notice of Appeal using the ET1A form. This form is used to outline the legal grounds on which you are appealing the tribunal's decision.The Notice of Appeal must be submitted within 42 days of receiving the tribunal’s written decision. Missing this deadline can result in the dismissal of your appeal. Completing the ET1A Form:
Appellant’s Details: Provide your full name, address, and contact information.
Respondent’s Details: Include the employer’s name and address.
Grounds for Appeal: Clearly outline the legal grounds for your appeal. Be specific about the errors you believe the tribunal made, and refer to relevant parts of the tribunal's decision.
Supporting Documentation: Attach a copy of the original tribunal decision and any other relevant documents.
3. Appeal Process: What to Expect
Once your appeal is filed, it will be reviewed by the Employment Appeal Tribunal (EAT). The EAT will determine whether your appeal has sufficient merit to proceed.
Preliminary Review: The EAT may conduct a preliminary review of your appeal to decide if it’s arguable. If the EAT believes the appeal has no reasonable prospect of success, it may be dismissed at this stage.
Hearing: If your appeal passes the preliminary review, a hearing will be scheduled. During the hearing, both parties will have the opportunity to present their arguments. Unlike the original tribunal, the EAT focuses on the legal issues rather than re-examining the facts of the case.
Decision: After the hearing, the EAT will either uphold the original tribunal’s decision, overturn it, or send the case back to the original tribunal for reconsideration.
4. Possible Outcomes of an Appeal
There are several potential outcomes when you appeal an employment tribunal decision:
Appeal Dismissed: The EAT may decide that the original tribunal’s decision was correct and dismiss your appeal.
Appeal Upheld: If the EAT finds in your favour, it may overturn the original decision. Depending on the case, the EAT might issue a new decision or refer the case back to the original tribunal for a rehearing.
Partial Success: The EAT may find that only part of the original decision was incorrect. In this case, they may modify the tribunal’s decision accordingly.
5. Further Appeals: Taking Your Case Higher
If you’re not satisfied with the outcome of your appeal at the EAT, you may be able to take your case to a higher court, such as the Court of Appeal. However, this is only possible if your case involves an important point of law.
Seeking Permission: To appeal to a higher court, you must first obtain permission. This involves demonstrating that your case raises a significant legal issue that warrants further consideration.
Legal Representation: Given the complexity of further appeals, legal representation is strongly recommended. Higher courts have strict procedural rules, and the stakes are typically higher.
6. Costs and Risks of Appealing
Appealing a tribunal decision can be costly and time-consuming. It’s important to weigh the potential benefits against the risks before proceeding.
Legal Fees: While the EAT does not charge a fee for filing an appeal, you may incur significant legal fees, especially if you hire a solicitor or barrister to represent you.
Risk of Adverse Costs: If your appeal is unsuccessful, you may be ordered to pay the other party’s legal costs, particularly if the EAT considers your appeal to be frivolous or without merit.
Emotional Impact: The appeals process can be stressful and emotionally draining, especially if it involves a lengthy legal battle.
7. Preparing for an Appeal: Tips for Success
If you decide to proceed with an appeal, thorough preparation is key to maximizing your chances of success.
Understand the Law: Familiarize yourself with the relevant legal principles and case law that apply to your appeal. This will help you build a strong argument and anticipate the other party’s responses.
Organize Your Documentation: Ensure that all relevant documents, including the original tribunal decision, are well-organized and readily accessible. You’ll need to refer to these during the appeal process.
Consider Legal Advice: While it’s possible to represent yourself in an appeal, seeking legal advice can greatly improve your chances of success. A solicitor or barrister can help you navigate the complex legal issues and procedural requirements involved in an appeal.
