UK EMPLOYMENT APPEAL TRUBUNAL (EAT)

Applications

Disputes at work are common and cases lost on initial application to the Employment Tribunal (ET) may have to be taken to the Employment Appeal Tribunal (EAT) for a final decision. The EAT is however, an advanced stage in the process of making a compensation claim and most disputes are resolved much earlier. Application to the ET can be made on a variety of issues which include unfair dismissal, redundancy, discrimination, harassment and disputes over wages and working conditions however the grounds for appeal to the EAT are considerably more restricted.

Employment Tribunal

Employment related disputes are initially considered by the Employment Tribunal and can thereafter be put before the Employment Appeal Tribunal but only on a point of law. At the initial Employment Tribunal hearing cases are heard 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 not be resolved to the satisfaction of one or both of the parties. It is at this stage that, in certain circumstances, application can be made to the 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.

Employment Appeal Tribunal Procedure

The procedure used in the Employment Appeal Tribunal is more formal than in the Employment Tribunal. 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 an original Employment Tribunal hearing.

Employment Solicitors

If you believe you have an employee claim or if you are an employer facing a potential claim against you and would like free advice from a solicitor with no further obligation, please use the helpline, email or complete the contact form for a free telephone consultation.