The Employment Appeal Tribunal was originally set up under Employment Protection Act 1975 as successor to the short lived National Industrial Relations Court (NIRC). The NIRC was abolished by the Trade Union and Labour Relations Act 1974 soon after Harold Wilson's (Labour) government came to power in 1974.

Appeals from decisions of employment tribunals can normally be made only to the Employment Appeal Tribunal (ETA 1996 s.21(2)).

The Employment Appeal Tribunal (EAT) is composed of judges of the High Court and Court of Appeal (one of whom is nominated President of the Appeal Tribunal by the Lord Chancellor) plus persons with special knowledge or experience of industrial relations (ETA 1996 s.22).

Appeal to the EAT is allowed only on questions of law, not fact (see Appeals/fact or law? and ETA 1996 s.21(1)). There is no appeal from an Employment Tribunal on any matter which is purely a question of fact unless as very occasonally happens an Employment Tribunal's finding was "perverse" - ie was a decision which no reasonable Tribunal could have come to on the evidence.

The general rule is that new points which were not raised at the original hearing will not be considered by the EAT. By the same token, new evidence will not normally be considered by the EAT, although there can be exceptions.

The fact that an appeal has been lodged against an employment tribunal judgment does not automatically stay any County Court order which may have been made to enforce compensation ordered by the employment tribunal (see Employment tribunals/enforcement of tribunal awards ). In that situation it is up to the appellant to contact the County Court with a view to obtaining a stay.

See also notes at Employment Appeal Tribunal/rules of procedure and/or Time-limits/appeals to the EAT and/or Employment tribunals/adding new claims .