What is the procedure for appealing against the decision of an employment tribunal?
Tribunal decisions come in two forms: either as a short summary of the verbal decision without the written reasons, or with the full written reasons. If the written reasons are not given with the decision, either party can request them within 14 days of the decision. A valid appeal to the Employment Appeal Tribunal (EAT) cannot be made without either the written reasons or an explanation for the absence of the written reasons.
The notice of appeal must be in accordance with the prescribed form (EAT form 1). This can be downloaded from the HM Courts and Tribunals Service website. The form must clearly set out the grounds of appeal, identifying either the error of law in the decision or why the decision was perverse. The EAT form 1 must be sent to the EAT to arrive no later than 4pm on the 42nd day after the date on which the tribunal sent the decision. It must be sent with the decision and written reasons, the claim form (ET1) and response form (ET3) (or an explanation of why any of the relevant documents are not included). Appeals may be posted, faxed or emailed but there is a strict deadline of 4pm for faxing or emailing on the final day of the time limit.
There is a fee of £400 to lodge an appeal. If the appeal goes to a full hearing, there is a further fee of £1,200. Payment must not be sent with the notice of appeal. On receipt of a notice of appeal, the EAT will inform the appellant of how to pay the fee or make an application for remission.