In the second quarter of 2023/24, the Employment Tribunal saw an increase of 35% in disposals compared to the same period in the previous year. However, not every case initially saw the right outcome. In situations like this, an individual or group can seek an Employment Appeal Tribunal.

An Employment Appeal Tribunal (EAT) is a judicial body that reviews decisions made by Employment Tribunals. Its purpose is to determine whether the initial judgment was correct based on the evidence and relevant laws.

Understanding the appeal process is crucial for both employers and employees, as it can significantly impact the outcome of employment disputes.

When is an Employment Appeal Tribunal Required?

An Employment Appeal Tribunal may be necessary when either party (the employer or employee) disagrees with the decision made by an Employment Tribunal. This could be due to various reasons, such as a perceived error in the application of law, a failure to consider relevant evidence, or a belief that the judgment was unreasonable. It is administrated by HM Courts & Tribunals Service.

Common types of employment disputes that can be taken to an Appeal Tribunal include unfair dismissal claims, discrimination cases, wage and hour disputes, and breaches of employment contracts.

A notable case that reached the Employment Appeal Tribunal is the 2022 verdict in the Uber BV v Aslam case. The Appeal Tribunal upheld the previous ruling that Uber drivers should be classified as workers, not self-employed contractors. This landmark decision highlighted the importance of Employment Appeal Tribunals in addressing employment status disputes and setting precedents.

There have recently been concerns about the proposed employment tribunal fees in the UK, and how they could deter claims and reduce the number of cases ever reaching the Employment Appeal Tribunal.

Caspar Glyn KC, co-chair of an ELA working party on the issue, said:

“From the evidence presented, and the government’s own admission that the new regime will cost more to run than it raises, despite the supposed aim being to reduce costs to taxpayers, the inference could be drawn that the real aim of these proposals is to deter claims which will in turn obstruct access to justice for the most vulnerable people in need of legal intervention.

Further, a reduction in cases reaching the Employment Appeal Tribunal (which will also be subject to fees under the proposal) would likely impede the development of the law providing guidance and clarity to workers and their employers, particularly in the post-Brexit era where guidance will be needed on previously applied EU laws.”

Insider Tips from Employment Law Experts

When it comes to Employment Appeal Tribunals, seeking guidance from experienced legal professionals can be invaluable. Rad Kohanzad, a renowned employment law barrister who can be found at emplyomentbarrister.co.uk, offers this insight:

“If you have lost your Employment Tribunal case and are unsatisfied with the result, you have two options moving forward: to appeal to the Employment Appeal Tribunal (EAT) or to apply for reconsideration. My general advice is that if you are considering appealing, you should not apply for reconsideration, for two reasons. Firstly, the two processes are very different, and a reconsideration application is not designed to correct errors of law; it is designed to correct relatively minor errors or oversights.

Secondly, if you are considering appealing, an application for reconsideration will provide the employment tribunal with an opportunity to fill gaps in their decision, which could weaken your subsequent appeal.”

A notable case in which Rad Kohanzad represented the appellant, examined by the Employment Appeal Tribunal, is Owen v Network Rail Infrastructure Ltd [2023] EAT 106. The Tribunal deliberated on the conditions for granting a “just and equitable” time extension for complaints under the Equality Act 2010. It clarified that the absence of an explanation for a delayed tribunal claim submission is an important consideration but not decisive.

This approach ensures a balanced review of all relevant factors rather than adhering to a strict interpretation that would automatically deny such extensions without due consideration.

The Appeal Process: Step-by-Step Guide

Filing an Appeal

If you or your employer wish to appeal a decision made by an Employment Tribunal, the first step is to file a Notice of Appeal. This document must be submitted within a specific timeframe, typically 42 days from the date the initial judgment was sent to the parties involved. The Notice of Appeal should clearly outline the grounds for the appeal and include any supporting evidence.

When drafting your appeal statement, it’s essential to articulate your arguments concisely and logically. Highlight any errors in the Tribunal’s decision, provide evidence that was overlooked, or explain why the judgment was unreasonable based on the facts presented.

The Hearing

Once the appeal has been accepted, an Employment Appeal Tribunal hearing will be scheduled. During the hearing, both parties (the appellant and respondent) will have the opportunity to present their cases before a panel of judges.

The appellant (the party appealing the decision) will go first, outlining their arguments and presenting any new evidence or legal authorities that support their position. The respondent will then have a chance to counter these arguments and defend the original judgment.

The roles of different parties during an Employment Appeal Tribunal hearing are as follows:

• Appellant: The party appealing the original decision. They present their case and arguments first.
• Respondent: The party defending the original judgment. They respond to the appellant’s arguments.
• Judge(s): A panel of judges who will preside over the hearing, review the evidence and arguments, and ultimately make a decision on the appeal.
• Witnesses: Both parties may call witnesses to provide testimony and support their cases.

It’s crucial to be well-prepared and organised for the hearing. Ensure all evidence and legal authorities are readily available, and be prepared to answer any questions from the judges.

Decision and Outcomes

After hearing both sides, the Employment Appeal Tribunal will deliberate and render its decision. There are three potential outcomes:

• Uphold the original decision: The Appeal Tribunal agrees with the Employment Tribunal’s judgment, and the original decision stands.
• Overturn the original decision: The Appeal Tribunal disagrees with the Employment Tribunal’s judgment and reverses the decision.
• Remit the case: The Appeal Tribunal may send the case back to the Employment Tribunal for further consideration or a fresh hearing.

The implications of the decision can be significant for both parties. If the original decision is upheld or overturned, it may impact employment status, compensation, or other remedies sought. If the case is remitted, the process may continue, potentially leading to further appeals.

A recent example of an overturned decision is the Kids City Ltd v Mr C Gayle. The Employment Tribunal initially found in favour of the claimant, Mr. Gayle, on his unfair dismissal claim. However, the employer, Kids City Ltd, appealed the decision to the Employment Appeal Tribunal.

Not all cases are as clear as they first seem. A notable case that reached the UK Supreme Court is the 2021 decision in Royal Mail Group Ltd v Efobi. The Court was asked to determine if changes to the Equality Act 2010 affected the burden of proof in employment discrimination cases. The Court upheld that the burden of proof still requires claimants to establish a prima facie case before it shifts to the employer. This ruling affirmed the importance of evidence assessment in determining discrimination claims, setting a precedent that maintains a balanced approach to proving discrimination in employment law.

Frequently Asked Questions

Here are some common questions and concerns related to Employment Appeal Tribunals:

How long does the appeal process take?

The timeline can vary depending on the complexity of the case and the workload of the Appeal Tribunal. Generally, it can take several months from filing the appeal to receiving a final decision.

Can new evidence be introduced during the appeal?

Yes, new evidence that was not presented at the original Employment Tribunal hearing can be introduced during the appeal process, as long as it is relevant and admissible.

What are the costs involved?

There are typically fees associated with filing an appeal, as well as legal costs for representation. However, in some cases, costs can be recovered from the other party if the appeal is successful.

Can the decision be appealed further?

In certain circumstances, the decision of the Employment Appeal Tribunal can be appealed to a higher court, such as the Court of Appeal or the Supreme Court, but this is generally limited to cases involving complex legal issues or matters of public interest.

Conclusion

Understanding the Employment Appeal Tribunal process is essential for both employers and employees involved in employment disputes. While the initial Employment Tribunal decision may not be favourable, the appeal process provides an opportunity to challenge the judgment and potentially overturn or modify the outcome.

However, navigating the appeal process can be complex, and seeking professional legal advice is highly recommended. An experienced employment law solicitor or barrister can guide you through the procedural requirements, assess the merits of your case, and represent your interests effectively during the hearing.

If you’re considering appealing an Employment Tribunal decision, don’t hesitate to consult with reputable employment law firms. Their expertise and insights can be invaluable in ensuring your case is presented strongly and fairly before the Appeal Tribunal.