• Employment Tribunal
• Employment Rights Act 1996
• Employment Appeal Tribunal

• Employment Solicitors
• Employment Law
• Redundancy
• Unfair Dismissal
• Constructive Dismissal
• Age Discrimination
• Sex Discrimination
• Race Discrimination
• Sexual Harassment
• Racial Harassment
• Disability Discrimination
• Workplace Bullying

 

Employment disputes are not uncommon and if agreement cannot be reached between solicitors it may be necessary for the employee to apply to the Employment Tribunal (ET) for resolution of a dispute. Work-related disputes are initially heard by the local ET office which deals with all areas of employment including unfair dismissal, redundancy, discrimination, harassment, victimisation or workplace bullying (employment appeals are dealt with by another separate court). Applications are heard by three individuals: a chairman appointed by the government, an employer representative and a representative from the trade union.

Employment Appeal Tribunal

If either party is not satisfied with the initial outcome from the ET it may be possible for your solicitor to take the claim before the Employment Appeal Tribunal (EAT). All concerned parties are usually in attendance for employment appeals, though sometimes a written application may suffice. Important evidence that may have been unavailable during prior hearings may, in certain circumstances, be presented and legal aid may be available for employment appeals in the EAT from the Legal Services Commission to qualifying applicants.

The Employment Appeal Tribunal (EAT) system was created by the Employment Protection Act 1975. Usually claims can only be forwarded to the EAT when a specific point of law is being appealed. An EAT is presided over by a panel which consists of a judge, appointed by the Lord Chancellor and lay workers with experience in employer relations. Employees are usually represented by a solicitor or a member of a relevant trade union during an appeal. Sometimes, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission have the power to represent the claimant. Applicants can also choose to represent themselves. In exceptional circumstances the EAT will allow new evidence. It will only be considered if it meets two conditions. Firstly, the information which is presented could not have reasonably been known at the time of the original hearing and secondly, the evidence has a significant effect on the hearing. Legal Aid is available to pay for legal representation in an EAT.

A point of law refers to the interpretation of statute, legislation or rules relevant to the employment of the appellant. If the law was interpreted or applied wrongly by the Employment Tribunal then the applicant has the right to ask the EAT to clarify the issue in contention. The decision of the EAT can subsequently be appealed to the Court of Appeal which is part of the High Court but only in very restricted circumstances.

There are time limits on solicitors making application for an appeal and in general terms a prospective appellant has only 42 days from the final order of the Employment Tribunal to lodge an application with the EAT.

Employment Appeals Procedure

Under the Employment Protection Act 1975, it is possible for a party that is unsatisfied with an initial ruling to take their claim before the Employment Appeal Tribunal in some situations. Claimants must make employment appeals quickly, as there are very strict time limits. The EAT does not, in most cases, rehear a case or examine new evidence; appeals are usually based on a reconsideration of a certain point of law.

The procedure for an employment appeal is a much more formal event than the initial hearing in Employment Tribunal. The EAT sits in seven locations in the UK and is presided over by a panel that includes a judge appointed by the Lord Chancellor and a group of qualified lay workers experienced in employment issues. An employee may decide to represent themselves in these hearings or they may retain the services of a qualified solicitor or, in some cases, the employee may be represented by the Equal Opportunities Commission, the Commission for Racial Equality or the Disability Rights Commission.

Employment Appeal Tribunal Solicitors

Our employment solicitors are dynamic, forward thinking lawyers whose ethos is to understand and meet the needs of a diverse range of clients. They understand that clients need and require legal services which are proactive, practical and delivered with a close eye on risk/cost/benefit at all times. The best lawyers are dedicated to getting things done effectively, quickly and in a cost effective way. If you would like free advice from a specialist employment law solicitor, with no obligation, just call the helpline.