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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. 
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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