If you’re considering appealing against your employment tribunal decision, you need to know whether to ask for the decision to be reconsidered or appealed: there is an important difference! If you’re going submit an appeal, you also need to know what to include in your submission. Once you know what’s involved you may want to think about whether it's worth pursuing an appeal at all and the importance of seeking legal advice before you make a decision..

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Chapter 1, If you think that the employment tribunal has made an error of legal judgement about your case, you can ask for it to be reviewed. You have the option of asking for the tribunal decision to be reconsidered or appealed.

Both options are concerned with reviewing matters of law, not whether or not you thought the judge was wrong to favour one person’s recollection of events over another’s. Reconsideration is a relatively straightforward, written procedure and concerned with matters such as whether the judge missed out a point of law in reaching their judgement or maybe didn’t consider the time limits properly. An appeal on the other hand is about whether the judge applied the law incorrectly and is a much more detailed procedure, involving a proper hearing.

Chapter 2, First of all check that you are in time to submit your appeal: it’s usually 42 days from the judgement date.If it’s not in time, then you won’t have to worry about what to put in the appeal, because it will be rejected.

The documentation required for an appeal is tightly specified (by the Employment Appeal Tribunal). If you don’t comply with all the requirements, then your submission also won’t be accepted. As for what to include, that will be an argument or arguments about how the tribunal failed to apply one or more specific laws that should have been applied in the circumstances. So it will be a complex legal argument relying on points of law, statute, precedents and other purely legal matters.

Chapter 3, An employment tribunal appeal is based on purely legal arguments and often very complex ones. It follows that - unless you are an employment law expert yourself - you would be wise to employ an employment specialist (eg solicitor or barrister) to ensure that your legal arguments were as strong and accurate as they could be in the circumstances.

However, if you don’t have access to such support and are determined to press ahead with an appeal on your own, you will have to have better legal arguments than the judge who made the original decision about your case.


Contents

0:31 Tribunal reconsideration or appeal?

1:43 What to put in your tribunal appeal?

3:32 Is a tribunal appeal worth making?


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