Employment Appeal Tribunal
The Employment Tribunal does not always give the right decision. Whether you were the Claimant (employee) or the Respondent (employer) in the hearing at the Employment Tribunal, if you lost your case you might be able to appeal to the Employment Appeal Tribunal.
The Employment Appeal Tribunal (EAT) will not be able to change a Tribunal decision just because you do not think it is fair. They will have to consider whether the Employment Tribunal made an error of law. If the EAT finds that the Tribunal did make an error of law, it might replace the decision with its own corrected decision, or it might return the case to the Employment Tribunal for a fresh decision to be made.
Since the EAT will not overturn a decision simply because the losing party is unhappy with the ET’s decision, it is crucial that any appeal identifies at least one error of law in the ET’s judgment. If you have lost your case, or part of your case, in the Employment Tribunal you will benefit from expert legal advice on whether the ET’s judgment contains an error of law which would enable you to challenge the ET’s decision.
However, if you won your case and the losing party is now appealing, we can advise on the best arguments to use to ensure that the EAT does not overturn your winning decision.
Our Appeal Tribunal Specialist is Meg Pennycook. Read the decisions in some of her Employment Appeal cases below.
If you have recently lost an Employment Tribunal case and are wondering whether you can appeal, contact us to request a free chat with Meg about your case.
0208 866 0044