Appeals to the Employment Appeal Tribunal
by Liam
We are often asked about appeals to the Employment Appeal Tribunal (EAT). A large number of litigants (whether Claimants or Respondents) who have failed at an Employment Tribunal believe that they can appeal simply because the Employment Tribunal arrived at the wrong conclusion.
This is not the case. In order for an appeal to proceed to a full hearing at the EAT it must have reasonable prospects of showing that the original Employment Tribunal either erred in law or arrived at a perverse decision.
A perverse decision is one that no reasonable Tribunal could have arrived at on the evidence before it. This, according to the leading case on the point Yeboah v Crofton is a very high hurdle for Appellants to jump.
Here is an illustration of a Claimant who was clearly unhappy with the Tribunal’s decision, not just once either. He also appeared unhappy with the EAT’s decision as he tried his luck before the Court of Appeal too, but failed to get leave.
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