Yes, employers may be able to appeal a judgment, order, direction or other decision of an Employment Tribunal (ET). You can only appeal on a point of law – you must identify flaws in the legal reasoning of the original decision. The Employment Appeal Tribunal (EAT) will not normally reexamine issues of fact.
You cannot appeal just because the original decision went against you. You also cannot normally appeal issues of fact that were found in another party’s favour. ESP Solicitors can advise you whether you have grounds for an appeal.
Employers must appeal within 42 days of the date that either:
- the decision was sent to you
- the reasons were sent to you (but only if the Employment Tribunal did not provide reasons at the hearing or you asked for the reasons within 14 days of the decision being sent to you)
- Your appeal must arrive by 4pm on the final day.
You can ask for an appeal to be considered even if it’s late, but extensions are rarely given, and you must have a good reason.
For help and support in appealing an Employment Tribunal decision, contact our experts at ESP Solicitors today. Get in touch or call 0330 1244 084.