Employment Appeal Tribunal: Structure, Function, and Role in Employment Law

The Employment Appeal Tribunal (EAT) plays a vital role in the UK legal system, serving as the appellate body for employment law cases. It hears appeals from Employment Tribunals, ensuring that legal principles are correctly applied and justice is served in employment-related disputes. This guide will explore the structure, function, and importance of the Employment Appeal Tribunal, and the role it plays in maintaining the integrity and fairness of the employment law system in the UK.


1. What is the Employment Appeal Tribunal?

The Employment Appeal Tribunal (EAT) is a specialist court in the UK that handles appeals from decisions made by Employment Tribunals. The EAT does not re-hear the facts of the case, but rather reviews the legal aspects of the decision, focusing on whether the law has been correctly interpreted and applied. If the Employment Tribunal has made an error of law, the EAT can overturn the decision, order a retrial, or substitute its own decision.

A. Key Features of the Employment Appeal Tribunal

  • Jurisdiction: The EAT has the power to hear appeals on employment law matters, including unfair dismissal, discrimination, wages, and other employment-related disputes.
  • Legal Review: The EAT does not re-examine the facts of the case, but reviews whether the Employment Tribunal has correctly applied the law.
  • Appeals from Employment Tribunals: The EAT only hears appeals from Employment Tribunals; individuals dissatisfied with an Employment Tribunal ruling may bring their case to the EAT for a legal review.

2. Structure of the Employment Appeal Tribunal

A. Composition of the EAT

  • Judges: The EAT is presided over by legally qualified judges, typically High Court or Circuit Judges, who have expertise in employment law.
  • Panel of Judges: The tribunal typically consists of a panel, which may include both legally qualified judges and non-legal members who have expertise in employment matters.
  • Role of the Judge: The judge presiding over an appeal is responsible for hearing the legal arguments, reviewing the Employment Tribunal’s decision, and delivering the final ruling.

B. Types of Cases Heard by the EAT

  • Appeals from Employment Tribunals: The EAT hears appeals on cases involving issues such as unfair dismissal, discrimination, breach of contract, equal pay claims, and other employment-related disputes.
  • Judicial Review: In some cases, the EAT has the authority to review Employment Tribunal decisions and determine whether they were made in accordance with the law.

3. Process of Appealing to the Employment Appeal Tribunal

A. Grounds for Appeal

  • Legal Errors: The most common reason for an appeal to the EAT is an alleged error of law, such as the incorrect interpretation or application of employment legislation.
  • Procedural Errors: In some cases, an appeal may be based on claims of procedural unfairness or failure to follow the correct legal process.
  • Judgment Errors: The EAT may also hear appeals if the Employment Tribunal has made an unreasonable decision based on the facts of the case.

B. Filing an Appeal

  • Time Limits: A claimant must file an appeal within a specific time frame, usually 42 days from the date the Employment Tribunal’s decision is issued.
  • Appeal Process: The appellant (the party appealing the decision) must file an appeal notice, outlining the grounds for the appeal and any relevant legal arguments.

C. Hearings and Procedure

  • Legal Review: Unlike Employment Tribunals, the EAT does not hear witnesses or re-examine evidence. The tribunal only considers legal arguments, written submissions, and relevant case law to determine whether the law has been properly applied.
  • Decision: After hearing the appeal, the EAT will deliver its judgment, which may include ordering a retrial, overturning the Employment Tribunal’s decision, or substituting its own decision.

D. Outcomes of Appeals

  • Allowing the Appeal: If the EAT finds an error in the application of the law, it may allow the appeal and either remand the case back to the Employment Tribunal for further consideration or make a new ruling.
  • Dismissing the Appeal: If the EAT finds that the Employment Tribunal made no errors in law, the appeal may be dismissed, and the original decision stands.

4. The Role of the Employment Appeal Tribunal

A. Ensuring Consistency in Employment Law

  • Role: One of the key roles of the EAT is to maintain consistency in the application of employment law across all Employment Tribunals, ensuring that similar cases are treated in the same way.

B. Providing Legal Precedents

  • Role: Decisions made by the EAT can set important legal precedents that influence future employment-related cases and provide clarity on the interpretation of employment laws.

C. Safeguarding Employees’ Rights

  • Role: The EAT helps ensure that the rights of employees are protected, particularly in cases where Employment Tribunals may have made errors in interpreting employment law.

D. Ensuring Fairness

  • Role: The EAT ensures fairness by providing an opportunity to appeal where there is an argument that an Employment Tribunal decision was unjust, legally flawed, or based on incorrect facts.

5. The Impact of the Employment Appeal Tribunal

A. Role in Shaping Employment Law

  • Impact: The EAT plays a crucial role in shaping the evolution of employment law in the UK, especially in complex legal areas such as discrimination, unfair dismissal, and equal pay claims.

B. Ensuring Access to Justice

  • Impact: By offering a specialized forum for appealing Employment Tribunal decisions, the EAT ensures that individuals have access to justice when they believe their case was not decided fairly.

C. Public Confidence in the Employment Tribunal System

  • Impact: The EAT helps maintain public confidence in the fairness and accuracy of Employment Tribunal decisions by providing an independent forum to review and correct legal errors.

6. Challenges Facing the Employment Appeal Tribunal

A. Backlog of Appeals

  • Challenge: The increasing number of employment disputes and appeals has led to a backlog in the EAT, causing delays in hearing cases and delivering judgments.

B. Legal Complexity

  • Challenge: Employment law is continually evolving, and the EAT must keep pace with changes to legislation, case law, and legal precedents, adding complexity to its decision-making process.

C. Accessibility

  • Challenge: The appeals process can be complex, and individuals without legal representation may face difficulties navigating the system and presenting their case effectively.

7. The Vital Role of the Employment Appeal Tribunal

The Employment Appeal Tribunal plays a crucial role in ensuring the integrity of the UK’s employment law system. By hearing appeals from Employment Tribunals, the EAT ensures that legal errors are corrected, providing clarity and consistency in employment-related decisions. The tribunal helps safeguard employees’ rights and provides a critical check on the application of employment law. Despite challenges such as case backlogs and legal complexity, the EAT remains an essential part of the legal process, ensuring that justice is served in employment disputes.

Scroll to Top