Introduction
Receiving an unfavourable Employment Tribunal decision can be difficult, particularly if you believe the outcome is legally incorrect. Many claimants and employers assume that an appeal is simply a second chance to argue their case. That is not the position in law.
Appeals from the Employment Tribunal are limited in scope. They are not a rehearing of the evidence. Instead, they focus on whether the Tribunal made an error of law.
At Blackstone Solicitors, we regularly advise clients across England and Wales on whether they have grounds to appeal. This article explains when you can appeal, what counts as an error of law, and how the appeal process works.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Employment Law, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Does It Mean for the Tribunal to Get the Law Wrong
An appeal can only succeed if the Tribunal made an error of law. This is a specific legal concept. It does not simply mean that you disagree with the decision.
An error of law may arise where the Tribunal:
- Applied the wrong legal test
- Misinterpreted legislation or case law
- Failed to consider relevant legal principles
- Reached a decision that no reasonable Tribunal could have reached
- Provided inadequate reasons for its judgment
In contrast, disagreements about facts are usually not enough. The Tribunal is responsible for assessing evidence and deciding what actually happened.
The Difference Between Errors of Fact and Errors of Law
Understanding this distinction is crucial.
Errors of Fact
Errors of fact relate to the Tribunal’s findings about what happened. For example, which witness was more credible or what events took place.
Even if you believe the Tribunal reached the wrong factual conclusion, this will rarely justify an appeal.
Errors of Law
Errors of law concern how the Tribunal applied legal principles to the facts. For instance, using the wrong test for unfair dismissal or misunderstanding the burden of proof in discrimination claims.
Appeals are only permitted on this basis.
Examples of Legal Errors in Employment Tribunal Cases
To better understand when an appeal may be possible, it is helpful to consider common examples.
Applying the Wrong Legal Test
In an unfair dismissal case, the Tribunal must consider whether the employer acted reasonably in all the circumstances. If the Tribunal applies a stricter or incorrect test, this may amount to an error of law.
Failing to Consider Relevant Evidence
While Tribunals are not required to address every piece of evidence, they must consider key issues. Ignoring critical evidence can lead to a legally flawed decision.
Inadequate Reasons
Tribunals must explain how they reached their conclusions. If the reasoning is unclear or incomplete, it may be impossible to understand why the decision was made.
This can form the basis of an appeal.
Procedural Unfairness
If the hearing itself was unfair, this may also amount to an error of law. Examples include denying a party the opportunity to present their case properly.
Where Do You Appeal
Appeals from the Employment Tribunal are made to the Employment Appeal Tribunal.
This is a specialist court that deals only with appeals on points of law arising from employment cases.
It does not hear evidence in the same way as the original Tribunal. Instead, it reviews the legal correctness of the decision.
Time Limits for Appealing
Strict time limits apply. You must lodge your appeal within 42 days of the date the written reasons for the Tribunal’s decision were sent to you.
This deadline is taken seriously. Late appeals are only accepted in exceptional circumstances.
It is therefore important to seek advice as soon as possible after receiving the judgment.
The Appeal Process Explained
The appeal process involves several stages. It is more technical than the original Tribunal proceedings.
Lodging the Notice of Appeal
You must submit a formal Notice of Appeal setting out the alleged errors of law. This document must clearly identify the legal issues.
Simply stating that the decision is unfair will not be sufficient.
The Sift Stage
Once the appeal is lodged, it goes through an initial review known as the sift stage.
A judge will consider whether the appeal has a reasonable prospect of success. Many appeals are dismissed at this stage if no arguable error of law is identified.
Full Hearing
If the appeal proceeds, it will be listed for a full hearing. Both parties will have the opportunity to make legal submissions.
The focus will remain on the alleged errors of law rather than the underlying facts.
Possible Outcomes of an Appeal
If your appeal is successful, there are several possible outcomes.
The Decision Is Set Aside
The Employment Appeal Tribunal may set aside the original decision. This means it is no longer valid.
The Case Is Remitted
In many cases, the matter is sent back to a new Employment Tribunal for reconsideration. This is known as remission.
The new Tribunal will consider the case again, taking into account the correct legal approach.
Substituted Decision
In limited circumstances, the Employment Appeal Tribunal may substitute its own decision. This is less common and usually occurs where the outcome is clear.
Risks of Appealing
Appealing a Tribunal decision is not without risk. It is important to approach the process carefully.
Limited Grounds
As discussed, appeals are restricted to errors of law. This means many cases will not meet the threshold.
Costs
While costs are less common in Employment Tribunal proceedings, the Employment Appeal Tribunal has broader powers to award costs in certain situations.
If an appeal is found to have no reasonable prospect of success, there may be financial consequences.
Time and Stress
Appeals can take several months, sometimes longer. This can prolong uncertainty and increase stress for all involved.
Practical Tips Before Deciding to Appeal
Before proceeding, it is sensible to take a step back and assess your position.
Review the Written Reasons Carefully
The Tribunal’s written reasons are critical. They will explain how the decision was reached.
A careful reading may reveal whether a genuine error of law exists.
Identify Specific Legal Issues
Focus on precise legal errors rather than general dissatisfaction. Appeals must be clearly structured and legally grounded.
Act Promptly
Given the strict time limit, early action is essential. Delays can prevent you from pursuing an appeal.
Seek Specialist Advice
Appeals require a detailed understanding of employment law and appellate procedure. Professional advice can help you assess the strength of your case.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide expert advice on Employment Tribunal appeals across England and Wales.
We understand that not every unfavourable decision can be challenged. Our role is to give you clear, honest guidance on whether you have grounds to appeal.
Our services include:
- Reviewing Tribunal judgments and written reasons
- Identifying potential errors of law
- Preparing Notices of Appeal
- Representing clients in the Employment Appeal Tribunal
- Advising on strategy and risks
We aim to provide practical solutions while managing expectations at every stage.
Conclusion
If you believe the Employment Tribunal got the law wrong, you may have the right to appeal. However, this is not an opportunity to reargue your case.
Appeals are limited to legal errors, and the process is both technical and time sensitive. Understanding the distinction between errors of fact and law is essential.
With careful analysis and the right advice, it is possible to challenge a flawed decision. Acting quickly and focusing on clear legal grounds will give you the best chance of success.
If you are considering an appeal, Blackstone Solicitors is here to help you evaluate your options and guide you through the process with confidence.
How to Contact Our Employment Law Solicitors
It is important for you to be well informed about the issues and possible implications of Employment Law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Employment law solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Please visit our website to see all the Employment Law services we offer: https://blackstonesolicitorsltd.co.uk/employment-law-services/
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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