2.1 The Notice of Appeal must be, or be substantially, in accordance with Form 1 (in the amended form annexed to this Practice Direction) or Forms 1A or 2 of the Schedule to the Rules and must identify the date of the judgment, decision or order being appealed. Copies of the judgment, decision or order appealed against and of the Employment Tribunal's written reasons, together with a copy of the Claim (ET1) and the Response (ET3) must be attached, or if not, a written explanation must be given. A Notice of Appeal without such documentation will not be validly lodged.

2.2 If the appellant has made an application to the Employment Tribunal for a review of its judgment or decision, a copy of such application should accompany the Notice of Appeal together with the judgment and written reasons of the Employment Tribunal in respect of that review application, or a statement, if such be the case, that a judgment is awaited. If any of these documents cannot be included, a written explanation must be given. The appellant should also attach (where they are relevant to the appeal) copies of any orders including case management orders made by the Employment Tribunal.

2.3 Where written reasons of the Employment Tribunal are not attached to the Notice of Appeal, either (as set out in the written explanation) because a request for written reasons has been refused by the Employment Tribunal or for some other reason, an appellant must, when lodging the Notice of Appeal, apply in writing to the EAT to exercise its discretion to hear the appeal without written reasons or to exercise its power to request written reasons from the Employment Tribunal, setting out the full grounds of that application (see notes at Employment Appeal Tribunal/Burns-Barke Procedure ).

2.4 The Notice of Appeal must clearly identify the point(s) of law which form(s) the ground(s) of appeal from the judgment, decision or order of the Employment Tribunal to the EAT. It should also state the order which the appellant will ask the EAT to make at the hearing.

2.5 Rules 3(7)-(10) give a judge or the Registrar power to decide that no further action shall be taken in certain cases where it appears that the Notice of Appeal or any part of it (a) discloses no reasonable grounds for bringing the appeal, or (b) is an abuse of the Employment Appeal Tribunal's process or is otherwise likely to obstruct the just disposal of proceedings. The Rules specify the rights of the appellant and the procedure to be followed. The appellant can request an oral hearing before a judge to challenge the decision. If it appears to the judge or Registrar that a Notice of Appeal or an application gives insufficient grounds of, or lacks clarity in identifying, a point of law, the judge or Registrar may postpone any decision under Rule 3(7) pending the appellant's amplification or clarification of the Notice of Appeal or further information from the Employment Tribunal.

2.6 Perversity Appeals: an appellant may not state as a ground of appeal simply words to the effect that "the judgment or order was contrary to the evidence" or that "there was no evidence to support the judgment or order", or that "the judgment or order was one which no reasonable Tribunal could have reached and was perverse"; unless the Notice of Appeal also sets out full particulars of the matters relied on in support of those general grounds.

2.7 A party cannot reserve a right to amend, alter or add, to a Notice of Appeal or a respondent's Answer. Any application for leave to amend must be made as soon as practicable and must be accompanied by a draft of the amended Notice of Appeal or amended Answer which makes clear the precise amendments for which permission is sought.

2.8 A respondent to the appeal who wishes to resist the appeal and/or to cross-appeal, but who has not delivered a respondent's Answer as directed by the Registrar, or otherwise ordered, may be precluded from taking part in the appeal unless permission is granted to serve an Answer out of time.

2.9 Where an application is made for leave to institute or continue relevant proceedings by a person who has been made the subject of a Restriction of Proceedings Order pursuant to ETA 1996 s.33, that application will be considered on paper by a judge, who may make an order granting, refusing or otherwise dealing with such application on paper.