Appeal Your Tribunal Decision Error of Law Only

You have 42 days from the tribunal's written judgment to appeal to the Employment Appeal Tribunal — but only on a point of law, not disagreement with findings of fact.

What grounds can I appeal an employment tribunal decision?

You can only appeal on a point of law — errors made by the tribunal in applying or interpreting the law. You cannot appeal simply because you disagree with the tribunal's findings of fact or their decision on compensation. Common legal grounds include: the tribunal had no jurisdiction, failed to apply statutory law correctly, misdirected themselves on the law, reached a decision no reasonable tribunal could reach, or breached natural justice.

What is the Employment Appeal Tribunal (EAT)?

The EAT is a specialist appellate court that hears appeals from employment tribunal decisions on points of law only. It consists of a judge and two lay members with employment law expertise. The EAT can uphold the original decision, reverse it, order a retrial, or vary the award. It does not hear new evidence or reassess facts.

What is the time limit for appealing?

You must lodge your appeal within 42 days from the date the tribunal's written reasons (judgment) are sent to you. This is a strict deadline — the EAT rarely grants extensions. If you miss this deadline without exceptional circumstances, your right to appeal is lost. The letter containing the judgment will usually state the deadline clearly.

How do I file an appeal to the EAT?

You complete Form EAT1 (Notice of Appeal), which must state the grounds of appeal in detail and explain why the tribunal made an error of law. You must send it to the EAT office (not the tribunal), with a copy to the other party. The form requires detailed legal arguments — simply saying "I disagree" is not enough. Many people instruct solicitors at this stage.

What are the costs risks if I appeal?

If you lose your appeal, the EAT can order you to pay the other party's legal costs. This can be substantial — often £5,000 to £20,000+ depending on the complexity and length of proceedings. Even if you win, you may not recover all your own costs. Some claimants obtain "after the event" insurance to protect against this risk.

What are the success rates for appeals to the EAT?

A minority of appeals to the EAT succeed (vary or reverse the decision) — most are dismissed. This reflects the high threshold for proving an error of law. Appeals based on procedural irregularities or failure to consider evidence succeed more often than appeals challenging factual findings.

Can I appeal the EAT decision further?

Yes — with permission. You can appeal to the Court of Appeal on a point of law of general public importance. This is a third tier of appeal and is very rarely granted. You would need to show the decision affects employment law principles beyond your case. The Court of Appeal also scrutinises whether appeals have been brought vexatiously.

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What Can You Appeal On?

An appeal to the Employment Appeal Tribunal is only available on a point of law. You cannot appeal simply because you disagree with the tribunal's decision or think they got it wrong on the facts.

Valid legal grounds for appeal include:

• The tribunal had no jurisdiction to hear the claim
• Misapplication of statutory law (Employment Rights Act 1996, Equality Act 2010, etc.)
• Misdirection on the legal tests — for example, getting the burden of proof wrong in a discrimination case
• Failure to consider crucial evidence that was before the tribunal
• Perversity — a decision no reasonable tribunal could have reached on the facts before them
• Breach of natural justice or procedural fairness — for example, being denied the chance to present your case
• Illogical reasoning or contradictions that cannot be reconciled with the law

What you cannot appeal on:

• Disagreement with the tribunal's findings of fact
• Thinking the compensation is too low
• New evidence you didn't present at the original hearing
• Evidence you had but didn't submit
• Witnesses you didn't call to give evidence

The 42-Day Deadline Is Strict

The time limit for appealing is 42 days from the date the tribunal sends you its written reasons (judgment). This is not negotiable.

When does the clock start?

The 42 days runs from the date the judgment letter is sent to you, not from when you receive it. The tribunal's paperwork will usually state this date clearly. If the tribunal sends "reasons" later (as they often do at your request), the appeal deadline does not reset.

Can the deadline be extended?

The EAT can extend the deadline, but only in exceptional circumstances. Simply being busy, forgetting, or facing personal difficulties will not be enough. You must show a really good reason — for example, your solicitor's serious negligence. Even then, extension is not guaranteed.

What happens if you miss it?

If you submit your appeal after 42 days without getting an extension, the EAT will summarily dismiss it without even considering the merits. You lose your right to appeal entirely.

How to File an Appeal: Form EAT1

You appeal by completing the Notice of Appeal (Form EAT1) and sending it to the Employment Appeal Tribunal office.

What Form EAT1 requires:

• The tribunal's case number and judgment date
• Your full details and the respondent's details
• A detailed statement of the grounds of appeal — this is critical. Simply saying "the tribunal got it wrong" is insufficient. You must identify which part of the law the tribunal misapplied and why.
• The legal authorities (case law, statutes) you rely on
• Numbered paragraphs setting out the argument clearly
• Your signature and the date

The Employment Appeal Tribunal office (not your original tribunal). You must serve a copy on the other party's solicitor or representative at the same time. Keep proof of service (email confirmation, Royal Mail receipt).

The EAT office address is on the EAT website (justice.gov.uk). You can also submit electronically via email if you follow the procedure.

A note on legal representation:

Whilst appeals can technically be brought without a solicitor, the EAT is a specialist court and the standard of legal argumentation is high. Many self-represented appellants struggle. If you have funding available, consulting an employment solicitor before filing is wise — they can advise whether your grounds are strong enough to justify the cost of appeal.

What Happens at the EAT?

The EAT process is more formal than the tribunal and focuses purely on law, not facts.

A judge reads your notice of appeal and the respondent's response. If the grounds are clearly not arguable (frivolous or time-barred), the case is dismissed at this stage.

If it passes sift: Hearing

The case proceeds to an oral hearing before a judge and two lay members. Both sides present legal arguments (usually 20–30 minutes each). You won't be calling new witnesses — this is purely argument about law.

The EAT issues written reasons. Outcomes: appeal allowed (original judgment reversed or varied), appeal dismissed (tribunal decision upheld), or remitted back to the tribunal for a fresh hearing.

Costs: A Significant Risk

If you lose your appeal, you may be ordered to pay the other party's legal costs. This is a real financial risk.

Typical costs at the EAT:

• Uncontested appeals: £2,000–£5,000
• Straightforward appeals: £5,000–£10,000
• Complex, multi-day appeals: £10,000–£50,000+

If the other party is a large employer with legal insurance, they may pursue costs aggressively. If they are legally aided, you won't recover their costs even if you win.

Can you insure against this?

Yes — "After the Event" (ATE) insurance can be obtained before you appeal. It covers the other side's costs if you lose. Premiums typically range from £1,000 to £5,000 depending on the strength of your appeal. This is an option if you have limited funds.

Will you recover your costs if you win?

You may recover some of the other side's costs if you win, but not usually all of them. The EAT has discretion on costs. Even a successful appeal may not fully cover your legal bill.

Realistic Success Rates

Most appeals do not succeed. Understanding the odds is important before you commit time and money.

Only a minority of appeals to the EAT succeed (either reversed or varied). Most are dismissed entirely, and a small share are sent back to the tribunal for a fresh hearing.

This high failure rate reflects the strict test: you must prove not just that you disagree with the tribunal, but that it made an error of law.

What types of appeal succeed more often?

More likely to succeed:

• Procedural breaches — tribunal didn't follow the rules of natural justice
• Clear misapplication of statute — tribunal got the law plainly wrong
• Failure to consider important evidence that was presented
• Perversity — the finding of fact is so unreasonable it suggests an error of law

Less likely to succeed:

• Disagreement with tribunal's findings of fact
• Arguments that should have been raised at the tribunal
• Weak legal principles or misreading of case law
• Appeals on compensation alone (these are fact-based)

Appeals Beyond the EAT

You can appeal the EAT's decision, but the bar is even higher.

With permission, you can appeal to the Court of Appeal. However, permission is very rarely granted. You must show that:

• The case raises a point of law of general public importance, and
• The appeal has a real prospect of success

The Court of Appeal is not interested in individual cases — only in establishing or clarifying employment law principles that affect many people. The costs of a Court of Appeal case are also very substantial (£20,000+).

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Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.