An employment tribunal is a judicial body in the UK that adjudicates disputes between employers and employees regarding employment rights. If your business is unsatisfied with the decision of such a tribunal, you have the right to challenge it through an appeal. The process, however, can be intricate and time-consuming, requiring a good understanding of the legal landscape, meticulous preparation, and the right approach. This article aims to provide you with a detailed guide on how to proceed in such a scenario.
Understanding the Grounds for Appeal
Before initiating an appeal against a tribunal decision, it’s crucial to understand what constitutes valid grounds for appeal. It’s not enough to simply be discontent with the outcome; there needs to be a clear, legal basis for your claim.
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An appeal can be launched on the grounds that the tribunal made a mistake in the application or interpretation of the law. Similarly, if the tribunal didn’t properly consider all the evidence, an appeal may be justified. Lastly, if the tribunal decision was perverse, meaning no reasonable tribunal could have arrived at that decision based on the evidence presented, an appeal can be pursued.
Initiating the Appeal Process
Once you have established the grounds for appeal, the next step is to initiate the appeal process. Be mindful that the appeal must be lodged within 42 days from the day the tribunal sent you its written decision. Miss this deadline, and you may lose your right to appeal.
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The appeal is made to the Employment Appeal Tribunal (EAT), which requires the submission of a Notice of Appeal and a copy of the tribunal’s decision. The Notice of Appeal is a structured document outlining the grounds for appeal, including details of the alleged errors in the tribunal’s decision.
Engaging in Early Conciliation
The Employment Appeals Tribunal encourages parties to engage in early conciliation through the Advisory, Conciliation, and Arbitration Service (ACAS), an independent body that provides free and impartial advice. This step is not mandatory, but it is strongly recommended to potentially resolve the dispute without the need for a hearing.
ACAS’s role is to facilitate discussions between you and the employee, aiming to reach an agreed settlement. If the conciliation proves unsuccessful, the case proceeds to the EAT for a full hearing.
Preparing for the EAT Hearing
Preparation for the EAT hearing involves the meticulous gathering and analysis of legal arguments, evidence, and case law that support your appeal. This stage may also involve the submission of written arguments, known as ‘skeleton arguments’, to the EAT and the other party in advance of the hearing.
It’s important to note that the EAT doesn’t usually hear evidence or consider facts that weren’t presented at the original tribunal hearing. The focus of the EAT is on points of law, so the preparation should revolve around proving the errors in law that the original tribunal may have made.
Attending the EAT Hearing
At the EAT hearing, your legal representative will make your case before a panel, usually consisting of a judge and two lay members. The panel will consider the points of law raised in your appeal, and both parties will have the opportunity to present their arguments.
Unlike the original tribunal, the EAT doesn’t typically make its decision at the end of the hearing. Instead, it will send a written decision to both parties some weeks later. The decision could either dismiss your appeal, uphold it and refer the case back to the tribunal, or replace the tribunal’s decision with its own.
The process of challenging an employment tribunal decision is complex and can be daunting. It requires a deep understanding of the law and a strategic approach to presenting your case. Therefore, it is advisable to seek legal advice when considering an appeal. While this article provides an overview of the process, a legal professional can give you personalized advice based on your specific circumstances.
Reviewing the EAT Decision and Further Appeals
After the Employment Appeal Tribunal (EAT) has made its decision, the losing party may be inclined to challenge the decision. However, it’s crucial to note that the rules for further appeals are quite restrictive. Successfully obtaining leave to appeal the EAT’s decision necessitates evidence that the EAT made a material error of law.
The first step in a further appeal is to request the EAT itself to grant permission. If the EAT refuses the permission, the losing party can apply to the Court of Appeal for permission. The process requires the completion and submission of the appropriate forms, specifying the errors of law made by the EAT.
Remember that, similar to the initial appeal, there is a strict time limit for lodging the further appeal. The application for permission to appeal must be received by the EAT, or the Court of Appeal, within 42 days of the date when the EAT sent out its decision.
It’s also important to point out that the Court of Appeal is primarily concerned with points of law and will not revisit or re-evaluate the original facts of the case. The Court of Appeal can either dismiss the appeal, uphold it and refer the case back to the EAT, or replace the EAT’s decision with its own.
Challenging an employment tribunal decision is a complex and delicate process, involving several stages, strict deadlines, and intricate legal rules. From understanding the grounds for appeal to participating in early conciliation, lodging an appeal, preparing for the EAT hearing, and possibly even engaging in further appeals, the entire process requires a strategic approach and a deep understanding of the employment law.
The involvement of ACAS in the early conciliation stage can greatly aid in dispute resolution, potentially avoiding the need for a full hearing. However, if the case does proceed to the EAT and potentially the Court of Appeal, the focus shifts entirely to points of law, making the role of legal advice particularly crucial.
The stakes in an employment tribunal case can be high, with significant financial implications and the potential for long-term damage to a business’s reputation. Therefore, the decision to challenge an employment tribunal decision should not be taken lightly.
Given the complexity of the tribunal process, it is highly advisable to seek professional legal advice. A legal professional’s expertise can help navigate the entangled regulations and provide personalized advice tailored to your specific circumstances. They can guide you through each step, from the preliminary hearing to witness statements and the final hearing. They can help you understand written reasons for tribunal decisions and evaluate the potential for success in claiming employment tribunal claims such as unfair dismissal.
In conclusion, challenging an employment tribunal decision is an intricate and potentially daunting process, but with the right advice and approach, it can be effectively navigated. The key is to ensure a full understanding of the process and to approach each stage with preparedness and a clear strategy.
