CAN I APPEAL A TRIBUNAL DECISION?

You do not have an automatic right of appeal in employment disputes. However, there are some circumstances where you may ask for a reconsideration or an appeal.

ASKING FOR A RECONSIDERATION

A tribunal can reconsider its judgment. You may be able to ask for a reconsideration. This is not an automatic right. The Tribunal will only reconsider the case if it is in the interests of justice to do so. For example:

you weren’t made aware of the hearing that led to the decision and so couldn’t attend

the decision was wrongly made because of an administrative error

the decision was made in the absence of a party

there is new evidence that wasn’t available for the hearing and which could not have been reasonably known or foreseen at the time of the hearing

You have 14 days from the dates the original decision was sent to you to ask for a reconsideration. If written reasons for the judgment are requested, time starts to run from the date the reasons were sent.

APPEALING A DECISION

You may only appeal the tribunal's decision on a question of law. An appeal is to the Employment Appeal Tribunal (EAT) which is equivalent to the High Court. Again, it is not an automatic right. An appeal can only usually be made if it can be shown that:

the tribunal misdirected itself in law, or misunderstood or misapplied the law.

there was no evidence to support a particular conclusion or finding of fact material to the outcome of the case.

the decision was perverse in that it was obviously wrong, or was a decision no reasonable tribunal directing itself properly on the law could have reached.

You cannot appeal just because the original decision went against you. You also cannot normally appeal issues of fact that were found in another party’s favour.

We can advise you whether we think you have grounds for appeal. You have 42 days from the date the written record of the tribunal’s decision was sent or, if they have been requested, within 42 days of the date that written reasons for the judgement were sent.

If you are able to appeal the decision, the appeal will be heard by the Employment Appeals Tribunal. This will be by way of a full appeal hearing but it is important to note that this will not be a rehearing of the case, it will be a decision made after hearing arguments on the grounds of appeal.

Further Appeals to the Court of Appeal and Supreme Court may be possible, depending on the judgment of the EAT.

HOW CAN WE HELP?

We can advise whether you have grounds for an appeal on a question of law or one of the other permitted grounds and support you in making the appeal.

In most cases, a solicitor will need to read and assess the tribunal decision and possibly examine the evidence that was presented to consider whether the law could have been misapplied or a perverse decision reached.

The cost of a consultation will depend upon the time taken to read and analyse this information, consider the law and apply it to your matter.

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