Practice Direction (Employment Appeal Tribunal - Procedure) 2018

This Practice Direction regulates procedure in the Employment Appeal Tribunal. Appeals lie only on a question of law and are not rehearings of factual decisions. The EAT must apply the overriding objective when exercising or interpreting its procedural powers.

Notices of appeal must be validly instituted, identify concise numbered grounds of law, and ordinarily be lodged within the stated time limits. The Direction gives procedural rules for sifting appeals, evidence, fresh evidence, case management, hearings, costs, remission, review and onward appeals. Fresh evidence will be admitted only where the Ladd v Marshall conditions and the overriding objective are satisfied.

This is a Practice Direction issued for appeals to the Employment Appeal Tribunal under Employment Tribunals Act 1996 and the Employment Appeal Tribunal Rules 1993. It superseded previous Practice Directions and took effect on 19 December 2018.

It prescribes the procedure governing the institution, management and disposal of EAT appeals. It is not an adjudication of a dispute between parties and no appeal or merits claim was determined.

1. Procedural directions issued. The Practice Direction superseded previous Practice Directions and applies, subject to the Rules and to case-specific directions, to EAT appeals. Under section 30(3) of the Employment Tribunals Act 1996, the EAT regulates its procedure subject to the Rules.

2. The EAT must apply the overriding objective in exercising powers under, and interpreting, the Employment Appeal Tribunal Rules 1993. Cases are to be handled justly, proportionately, expeditiously and fairly, while conserving the Tribunal’s resources. Parties must assist that objective.

3. An EAT appeal lies only on a question of law. A party must therefore identify an alleged legal error; the appeal is not a rehearing merely because a party disputes a factual decision. A notice of appeal must contain the prescribed documents and concise, numbered grounds identifying the legal point relied upon.

4. Appeal time limits are strictly applied. In considering an extension, particular attention is to be given to whether there is a good excuse for delay and to the cited EAT and Court of Appeal guidance. Pending funding, reconsideration proceedings or negotiations will not usually provide a good reason for late presentation.

5. Fresh evidence will be admitted only if it could not with reasonable diligence have been obtained for the Employment Tribunal hearing, would probably have had an important influence on the hearing, and is apparently credible. The EAT must also have regard to the overriding objective.

not stated in the judgment.