UK EMPLOYMENT APPEAL TRUBUNAL (EAT)

The initial application

Disputes at work are common and cases lost on initial application may have to be taken further to the Employment Appeal Tribunal which is part of the legal apparatus that exists to resolve these disputes. The EAT is however, an advanced stage in the process of making a claim, and most parties would hope that the dispute was resolved during earlier stages. Complaints (or applications) can be made on a variety of matters which include dismissal and redundancy issues, accusations and discrimination, and disputes over wages and working conditions. The full list of plausible topics is available from local tribunal offices, on the ‘jurisdiction list’ available there.

The ET hearing

Employment-related disputes are generally initially put forward to the Employment Tribunal (ET) and can be appealed to the Employment Appeal Tribunal (EAT) but only on a point of law. Workers can be disaffected by breach of their employment contract, by wage disputes, or by employers giving them insufficient maternity or paternity leave. More prominently, workers who have been fired or made redundant may perceive themselves to be the victims of unfair dismissal, where the employer fired them without adequate evidence backing up the justification for their action; or constructive dismissal, where the employer breached the employment contract, leading to the employee resigning. Lastly, it is also a sad fact that employees may feel harassed or bullied at work due to discrimination

The ET panel

At the initial ET hearing cases are dealt with by a government-appointed legally qualified chairman flanked by two government-appointed representatives from a trade union and from an employer’s organisation. After both sides have been heard, the ET panel members will come to a decision however the dispute may simply not be resolved to the satisfaction of one or both of the parties. It is at this stage that, in certain circumstances, an application can be made to an Employment Appeal Tribunal which will not re-hear the case, but will try and clarify the case by making a decision usually on a specific point of law. Parties must act quickly, within strict time limits, to lodge an appeal, or the case will be dismissed.

The EAT procedure

The procedure used in the EAT is more formal than in the ET. The EAT sits in only seven locations in Britain, where they are presided over by a panel including a judge appointed by the Lord Chancellor, and a set of lay workers who have experience in employment relations. Either a solicitor, barrister or, in some circumstances, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission represent the employee, or they can opt to represent themselves.

Written evidence?

The attendance of both parties is usually necessary, however written appeals may alternatively be considered. New evidence can be admitted if it can be shown to be important and yet unavailable at the time of the original tribunal. Legal aid may be available to deal with these applications although it is not available for the original Employment Tribunal hearing.

If you believe you have a claim or if you are an employer facing a potential claim against you please ring us for a free initial consultation.