What the EAT Can and Cannot Do
The Employment Appeal Tribunal hears appeals from employment tribunal decisions on points of law only -- not on findings of fact. If the employment tribunal found that you were dismissed for capability reasons and you simply disagree with that finding, that is not an error of law and the EAT cannot overturn it.
An error of law includes: applying the wrong legal test, misinterpreting a statutory provision, taking into account irrelevant factors, failing to take into account relevant factors, making a perverse finding, or procedural unfairness at the hearing.
Time Limit
You must lodge your appeal at the EAT within 42 days of the date the written reasons for the tribunal's decision were sent to you. This is a strict deadline. Late appeals are rarely accepted.
The EAT requires the Notice of Appeal, the tribunal's judgment and written reasons, and the ET1 and ET3. Make sure you have all these documents before lodging the appeal.
Grounds of Appeal
Your grounds of appeal must identify the specific error of law you allege. Vague grounds -- "the tribunal got it wrong" -- will be rejected at the preliminary stage. You need to identify precisely what the tribunal did wrong legally.
Common successful grounds include: the tribunal applied the wrong legal test for unfair dismissal by substituting its own view for that of the reasonable employer, or the tribunal failed to give adequate reasons for its decision on a key issue.
The Sift Stage
All appeals go through a sift by an EAT judge. The judge considers whether the grounds of appeal disclose any arguable error of law. If not, the appeal is rejected at sift without a hearing. You can request a rule 3(10) hearing to challenge a sift rejection.
The sift stage filters out the majority of appeals. Most are rejected because the grounds do not disclose an error of law -- they are disagreements with findings of fact rather than legal errors.
The Hearing
If the appeal passes the sift, it proceeds to a full hearing. Both parties file skeleton arguments in advance. The hearing is primarily legal argument -- both parties address the judge on the legal issues raised by the grounds of appeal.
If the appeal succeeds, the EAT may substitute its own decision, remit the case to the original tribunal for reconsideration, or remit to a fresh tribunal.