Employment Appeal Tribunal Forms UK: Appeals Guide
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If you disagree with a decision made by an Employment Tribunal, the next step may be to take the matter to the Employment Appeal Tribunal (EAT). This is not a chance to argue the facts again. The EAT considers whether the original Tribunal made an error of law, which is a narrower and more technical question.
Getting the paperwork right matters, and so does acting quickly. Miss the deadline or submit an incomplete bundle and your appeal can be rejected without a hearing. This page walks through the forms involved, the time limits that apply, the documents you need to include, and some practical points to think about before you lodge.
It is written for people representing themselves or trying to understand the process before speaking to someone about their options.
What this document is
The Employment Appeal Tribunal is a specialist court that hears appeals from decisions of the Employment Tribunal in England, Wales and Scotland. Its role is limited to questions of law, which means the EAT will look at whether the Tribunal applied the law correctly, gave adequate reasons, or reached a conclusion that no reasonable tribunal could have reached on the evidence.
It will not usually reopen findings of fact or reweigh evidence. To start an appeal, the appellant lodges a Notice of Appeal (commonly referred to as Form 1) together with a specified bundle of supporting documents. If the papers are incomplete or late, the appeal is not properly instituted and can be refused registration.
Appeals cover a wide range of employment matters, from unfair dismissal and discrimination to whistleblowing and equal pay, but the test is always the same: has a point of law properly arisen from the decision below?
How to use this document
- Read the judgment carefully. Before doing anything else, go through the written reasons of the Employment Tribunal in detail. Identify the legal conclusions, the reasoning the judge relied on, and any points where you believe the law was misapplied or insufficient reasons were given. This forms the backbone of your appeal.
- Identify a point of law. The EAT only hears appeals on legal grounds, so general dissatisfaction with the outcome is not enough. Typical grounds include misinterpretation of statute, failure to apply binding case law, procedural irregularity, bias, or a perverse finding unsupported by evidence. Write out each ground clearly and separately.
- Complete the Notice of Appeal. Use Form 1 or provide the same information in another clear written format. Set out the grounds of appeal, attach the required documents, and make sure every page is legible. An incomplete Notice will not be registered, and the clock does not stop running while you fix it.
- Gather the supporting bundle. You will normally need to include a clean copy of the judgment, decision, direction or order being appealed, along with the written reasons and the claim and response documents from the original Tribunal. Check the current EAT rules for the full list, as missing papers are a common reason for rejection.
- Lodge within the time limit. The appeal must reach the EAT within the relevant deadline, usually 42 days from the date the written reasons or judgment were sent, or 28 days from a reconsideration decision. Late appeals are only allowed in exceptional circumstances, so aim to file well before the final day.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q What is the deadline for appealing to the Employment Appeal Tribunal?
In most cases, you have 42 days from the date the written judgment, written reasons, or order was sent to the parties. For appeals against reconsideration decisions the limit is typically 28 days. The EAT treats these deadlines strictly, and extensions are rare. If your papers arrive late or are incomplete, the appeal may be refused registration even if the underlying grounds have merit.
Q Can I appeal because I disagree with the outcome?
No, not on its own. The EAT only hears appeals on points of law, such as the Tribunal misapplying legislation, ignoring relevant case law, giving inadequate reasons, acting unfairly in procedure, or reaching a conclusion no reasonable tribunal could have reached. Disagreement with how the judge weighed the evidence or found the facts is not usually a valid ground, because fact-finding is the Tribunal's role.
Q What documents do I need to send with my Notice of Appeal?
You will generally need to include the completed Notice of Appeal (Form 1 or equivalent), a clean copy of the judgment, decision, direction or order you are appealing, and the written reasons. Copies of the original claim form and response are also usually required. Check the EAT Practice Direction for the current list, as requirements can be updated.
Q What happens after I lodge the appeal?
The EAT will check that the papers are complete and in time. A judge then carries out a sift to decide whether the grounds disclose a reasonable argument on a point of law. The appeal may be allowed to proceed, listed for a preliminary hearing, or rejected. You can ask for reconsideration or attend a hearing under Rule 3(10) if your appeal is initially refused.
Q Can the EAT send my case back to the Employment Tribunal?
Yes. If the EAT finds an error of law, a common outcome is to remit the case back to the original Tribunal or a differently constituted Tribunal to reconsider specific issues. This is not always the result you want, because the outcome may still go against you. It is worth thinking about what remission would mean before deciding to appeal.
Q Do I need a lawyer to appeal to the EAT?
You are not required to have legal representation, and many people present their own appeals. That said, identifying a valid point of law and drafting clear grounds is technical work, and the EAT applies the rules strictly. Getting some guidance before you lodge can help you avoid common pitfalls, particularly around grounds that sound strong but are really challenges to facts rather than law.
Q Is there a fee to appeal to the EAT?
Fee arrangements for tribunals have changed over the years, so always check gov.uk for the current position before lodging. There may also be remission schemes available for people on low incomes. Fee requirements, if any, are in addition to the procedural steps, and failing to deal with fees correctly can delay or invalidate your appeal.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovEmployment Appeal Tribunal – Appeal against a decisiongov.uk
- Guidance · HMCTSNotice of Appeal Form 1 and EAT formsgov.uk
- Guidance · HMCTSEmployment Appeal Tribunal Rules and Practice Directiongov.uk
Legal helpline
Thinking about appealing an Employment Tribunal decision?
EAT appeals turn on points of law, strict deadlines and a precise bundle of documents, and getting any of those wrong can end the appeal before it starts. An experienced legal adviser can help you think through whether there is a point of law worth pursuing, based on what you describe on the call.
- Plain-English answers to your specific questions about the EAT process
- Practical perspective on whether your concerns look like a point of law
- Guidance tailored to what you describe about the original judgment
- Clarity on the next steps and what to watch out for in your situation
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.