A Guide to appealing an Employment Tribunal decision

Lost Your Employment Tribunal Case? Your Definitive Guide to a Successful Appeal

Receiving an unfavourable Employment Tribunal judgment can be frustrating and overwhelming. You believe the tribunal got it wrong, but you're faced with a maze of strict deadlines, complex procedures, and the critical choice between an appeal or a reconsideration.

Written by a barrister specialising in Employment Appeal Tribunal (EAT) cases, this definitive guide provides a comprehensive, step-by-step overview of the entire appeal process. You will learn:

  • The critical first choice: Whether you should pursue an appeal to the EAT or an application for reconsideration by the original tribunal—and why getting this wrong can jeopardise your case.

  • The strict 42-day deadline: How to calculate it accurately and the consequences of missing it.

  • The grounds for a successful appeal: A clear explanation of what constitutes an "error of law"—and what doesn't—including perversity, bias, and procedural unfairness.

  • A walk-through of the entire process: From drafting your Notice of Appeal and Grounds, through the "sift" stage, to permission hearings and beyond.

  • Practical advice on preparing skeletons, bundles, and navigating the EAT's specific practice directions.

My aim is to provide you with the clarity and expert insight you need to make informed decisions about challenging an Employment Tribunal decision.

You have just lost your Employment Tribunal case, and you are not happy with the outcome, what can you do?

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Your options are:

1) Do nothing

2) Appeal