Employment Appeal Tribunal

Key points

§  The Employment Appeal Tribunal (or EAT) was first brought into being by the Employment Protection Act 1975. The relevant provisions are now to be found in Part II (sections 20 to 37) of the Employment Tribunals Act 1996. The EAT comprises a panel of High Court and Court of Appeal judges, at least one judge of the Court of Session appointed (after consultation with the Lord President of the Court of Session) by the Lord Chancellor, plus a number of lay members (appointed by the Lord Chancellor and the Secretary of State) with specialist knowledge and experience of industrial relations matters.

§  The EAT is a superior court of record. It has its central office in London, but may sit anywhere in the country. One or more divisions of the EAT may sit at the same time. Appeals from a decision of the EAT on points of law will lie to the Court of Appeal (in Scotland, the Court of Session) and, ultimately, to the House of Lords (with leave).

Appeal procedure

§  An appeal from a decision of an employment tribunal must be served on the EAT within 42 days of the date on which the document recording the decision appealed against was sent to the putative appellant (employee or employer). A copy of the extended written reasons for the tribunal's decision (not the summary) must accompany the Notice of Appeal (which latter must be in, or substantially in, accordance with Form 1 in the Schedule to the Employment Appeal Tribunal Rules 1993.

Copies of the Notice of Appeal may be obtained from any local office of the Employment Service.

Note

An appeal from a decision of an employment tribunal concerning the service of an improvement or prohibition notice (issued under the Health & Safety at Work etc Act 1974) will lie to the Court of Appeal (or, in Scotland, the Court of Session) and not to the Employment Appeal Tribunal.

Proceedings before the EAT

§  Proceedings before the EAT will ordinarily be heard by a judge and either two (or four) appointed (ie, lay) members, one (or two) of whom will have knowledge or experience of industrial relations as representatives of employers and the same number with knowledge or experience as representatives of workers. However, with the consent of the parties, proceedings before the EAT may be heard by a judge and one lay member or by a judge and three lay members.

Jurisdiction of the EAT

§  The EAT hears appeals on any question of law arising from any decision of an employment tribunal under or by virtue of:

a.     the Equal Pay Act 1970;

b.    the Sex Discrimination Act 1975;

c.     the Race Relations Act 1976;

d.    the Trade Union & Labour Relations (Consolidation) Act 1992;

e.     the Disability Discrimination Act 1995;

f.     the Employment Rights Act 1996;

g.    the National Minimum Wage Act 1998;

h.     the Tax Credits Act 2002;

i.      the Employment Tribunals Act 1996;

j.      the Working Time Regulations 1998;

k.     the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000; and

l.      the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

(section 21, Employment Tribunals Act 1996, as amended).

It also hears appeals on questions of fact or law arising from any decision of an employment tribunal under section 174 of the Trade Union & Labour Relations (Consolidation) Act 1992 (unreasonable exclusion or expulsion from a trade union) (ibid. section 291).

§  The EAT also has jurisdiction under section 9 of the Trade Union & Labour Relations (Consolidation) Act 1992 Act to hear appeals:

a.     from an organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of trade unions, or by a decision of his to remove its name from that list; or

b.    from a trade union aggrieved by the refusal of the Certification Officer to issue it with a certificate of independence or by a decision of his to withdraw its certificate.

The rights of appeal to the EAT in such circumstances extend to any questions of fact or law arising in the proceedings before (or arising from the decision of) the Certification Officer.

Other jurisdiction

§  The EAT has jurisdiction also in respect of matters other than appeals, which is (or may be) conferred on it by or under the Trade Union & Labour Relations (Consolidation) Act 1992, the Employment Tribunals Act 1996, or any other Act (per section 21(4) of the Employment Tribunals Act 1996, as inserted by Schedule 1, paragraph 17 to the Employment Rights (Dispute Resolution) Act 1998). For example, an appeal lies to the Employment Tribunal arising out of an employer's failure (in prescribed circumstances) to establish a European Works Council (per the Transnational Information and Consultation of Employees Regulations 1999).