Not all claimants are satisfied by the final decision of the Employment Tribunal. Either party can appeal the ruling to the Employment Appeal Tribunal (EAT) however you have just 42 days to file an appeal after receiving the written decision.
The EAT does not hear all appeals; generally the Employment Appeal Tribunal does not hear appeals that are not based on a legal point. One exception is when a decision of the Employment Tribunal (ET) is made by a Certification Officer.
A “Point of Law” or legal point means the appeal is based in part or in whole on a question about an interpretation or misinterpretation of the relevant law. The EAT might regard a judgment of the ET as unsound if there is an indication that a statute was misinterpreted or the determination was so unreasonable that no rational ET should have come to that conclusion.
The admittance of evidence that was not heard in the initial ET will not be heard in the EAT, except in those rare cases when the evidence was not available for the ET to consider. Additionally any new evidence must be of such a nature that it would have made a strong compelling impact on the original ET case.
If the appellant wishes to introduce new evidence for consideration by the EAT then an affidavit must be sworn to by the claimant, confirming the circumstances. The other party has a right to review the affidavit and to make comment; therefore the affidavit must be complete, available and served ahead of any EAT hearing.
The EAT is composed of three people. One of the members is the judge. The two other members, normally laymen, have knowledge and/or experience related to industry or manufacturing. These lay members are jointly endorsed for appointment by the Secretary of State for Trade and Industry and the Lord Chancellor.
The Employment Appeal Tribunal is not the ultimate authority. In the event the claimant is still unhappy with the outcome of the appeal, they may be able to appeal further to the Court of Session or the Court of Appeal. The claimant may request permission to appeal further whilst still at Employment Appeal Tribunal hearing. Should the request be denied or should they choose not to make the request at that time, the appellant can apply directly to the Civil Appeals Office at the Royal Courts of Justice.
A general guideline is as follows: