Appealing an Employment Tribunal Decision: Grounds of Appeal and Lodging an Appeal

Key Points

  • Appeals from the Employment Tribunal are heard by the Employment Appeal Tribunal.
  • Appeals are limited to questions of law. There is no right of appeal on questions of fact.
  • The main types of error of law that occur in employment tribunal litigation can be split into several categories.
  • Appeals are commenced by lodging a Notice of Appeal with the Employment Appeals Tribunal. The Notice of Appeal must be in the correct format and must contain certain mandatory information. 
  • The Notice of Appeal must be lodged within a 42 day time-limit. The time-limit is rigorously enforced. The moment in time that the 42 day time-limit begins to run from varies and requires careful consideration. 
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