What if I am unhappy?

This section gives you information about getting a judgment reviewed, how to appeal a judgment and how to complain if you are unhappy.

Reviews and appeals

How can I get the tribunal to review judgments, other than a default judgment, and decisions?

You can apply to the tribunal to ask it to review a decision not to accept a claim or response, or to review a judgment other than a default judgment. You must apply in writing within 14 days of the date the judgment was sent by the tribunal office. (A chairman may extend the time limit for reviewing a judgment but only if they think it is just and equitable to do so).

Judgments and decisions can be reviewed for the following reasons:

• The judgment was wrongly made as a result of an administrative mistake.
• One side did not receive notice of the proceedings leading to the judgment.
• The judgment was made in the absence of one side.
• New evidence has become available since the end of the hearing to which the judgment relates, provided its existence could not have reasonably been known at that time.
• It is in the interests of justice to carry out a review.

The tribunal may only review the decision not to accept a claim or response if the decision was wrongly made as a result of an administrative mistake or if it is in the interests of justice.

The interests of justice do not mean a judgment or decision will be reviewed just because you disagree with it. Something must have gone wrong at or in connection with the hearing or something has happened since the hearing which makes the judgment or decision unjust. If you apply for a review based on new evidence you must explain why the evidence was not available before and include a full statement of the evidence which you want to introduce.

The tribunal has the power to refuse to review the judgment or decision, confirm it, change it or revoke it. An application for review does not change the time limit for making an appeal and you may appeal while waiting for the result of the application.

How can I appeal against the tribunal's judgment?

If you believe that the tribunal has reached the wrong judgment because it has made an error of law, you can appeal to the Employment Appeal Tribunal (EAT). You can get appeal forms and general information about the EAT and how to appeal from their website at www.employmentappeals.gov.uk.

The grounds for appeal may be:

• that the tribunal has made a mistake in the application of the law; or
• that the judgment was one which no reasonable tribunal could have reached.

However, a notice of appeal will not be accepted unless it sets out full particulars of the points relied on in support of the grounds of appeal.

It is not possible to appeal by email. You can get an appeal form from:

Employment Appeal Tribunal
Audit House
58 Victoria Embankment
London
EC4Y 0DS

Or, for Scotland from:

Employment Appeal Tribunal
52 Melville Street
Edinburgh
EH3 7HS

Or from www.employmentappeals.gov.uk.

If you have any questions about the appeal you should address them to the registrar. You must send a copy of any claim and response, the tribunal judgment and the written reasons for the judgment with your notice of appeal or an explanation as to why none is included. See the section Asking for written reasons for the judgment for more information.

You must serve a valid notice of appeal on the EAT at:

Audit House
58 Victoria Embankment
London EC4Y 0DS

Or, for Scotland, on the EAT at:

52 Melville Street
Edinburgh
EH3 7HS

There are strict time limits, which you must observe, for making any appeal.

Where the judgment contains written reasons you must appeal within 42 days of the date on which the judgment was sent to you.

Where the judgment does not contain written reasons you should request them from the tribunal within 14 days of the date on which the judgment was sent to you and you must then appeal within 42 days of the date on which the written reasons are sent to you.

Where the judgment does not contain written reasons and you do not request them within 14 days of the date on which the judgment was sent to you, you must appeal within 42 days of the date on which the judgment was sent to you with an explanation as to why you have not obtained written reasons.

For example, if this date was a Wednesday, you must lodge your notice of appeal no later than 4pm on the Wednesday 42 days (six weeks) later if you lodge the appeal in person. You should get your appeal to the Employment Appeal Tribunal (not the employment tribunal office) well before the end of the 42-day period, particularly if you choose to send your notice of appeal by post as you must allow for postal delays.

If you have not received an acknowledgement from the EAT within seven days of posting the notice of appeal, you should contact the EAT by phone.

In England and Wales phone 0207 273 1041, fax 0207 273 1045 or e-mail Londoneat@ets.gsi.gov.uk to confirm they have received your appeal.

In Scotland phone 0131 225 3963, fax 0131 220 6694 or e-mail Edinburgheat@ets.gsi.uk to confirm they have received your appeal.

Relationship between application for review and appeal

An application for review does not change or extend the 42-day time limit for appealing. If you apply to the tribunal to review its decision, you may also appeal to the Employment Appeal Tribunal. You must also lodge with the Employment Appeal Tribunal a copy of the application for review and, if such application has been heard and determined, then also a copy of the tribunal's decision on the review application.

When you have made an appeal, the Employment Appeal Tribunal may want to examine documents or other exhibits produced in evidence at the hearing.

The tribunal normally destroys files within one year of sending the judgment to the people involved.

Asking for written reasons for the judgment

You should make your request for written reasons for your judgment within 14 days of the date the judgment was sent to you to the tribunal office which sent the judgment.

Legal advice (on appeals and reviews) and legal representation

Depending on your financial situation, you may be able to get free or reduced cost legal advice about reviews and appeals. You may also be able to get representation free or at a reduced cost for an appeal before the Employment Appeal Tribunal. You will need to show:

• that according to a test of your income and savings, you cannot afford to pay for representation yourself; and
• that your case is strong enough to make it worthwhile for you to be represented out of public funds.

In England and Wales

The Legal Services Commission has contacts with Citizens Advice, law centres, advice agencies and solicitors' firms who will be able to give you advice. To find an agency or firm with a contract to do this in your area, ask for the Community Legal Services Directory at your local library. Ring the directory line on 0845 608 1122 calls charged at local rate) or minicom 0845 609 6677. Or, you can use the Community Legal Service website at www.clsdirect.org.uk or look for the CLS logo in the window of local agencies and solicitors' firms.

To find out more about public funding for legal services, see the Legal Services Commission's website at www.legalservices.gov.uk

In Scotland

Legal aid is available if you meet certain conditions. If you have questions about legal aid or advice, contact a solicitor or the Scottish Legal Aid Board, 44 Drumsheugh Gardens, Edinburgh EH3 7SW (phone 0131 226 7061).

To find out more about public funding for legal services, see the Scottish Legal Aid Board's website at www.slab.org.uk

Complaints about standards of service

Charter statement and standards of service

The standards that you can expect from us are shown in our "Charter statement". You can get a copy from the enquiry line on 0845 795 9775 or from any of our tribunal offices.

If you want to make a comment or complaint, we have a complaints procedure outlined in "Having your say". You can also get this from the enquiry line or any tribunal office.

Back To Top