I Do Not Agree With The Employment Tribunal’s Decision – What Can I Do Now? (Part 2)
Once the Employment Tribunal has passed Judgment, that decision is binding on both parties. However, there are certain, very limited, circumstances when you can challenge the decision made by the Employment Tribunal. This blog covers an Appeal to the Employment Appeal Tribunal, read on for more information.
Employment Tribunal Judgment
Before considering what to do next, first you need to make sure you understand what has happened so far.
If you have an Employment Tribunal Judgment, that means a decision or finding has been made in your case. This could be as a result of a Preliminary or Final Hearing. It could be a Default Judgment the Employment Tribunal has issued. In any event, it is vital you understand the Employment Tribunal Judgment and what it means for you.
What Are My Options To Challenge The Employment Tribunal’s decision?
You can only challenge the Employment Tribunal’s Judgment in very limited circumstances. There are two possible options which are:
- Apply to have the Judgment reconsidered
- Apply to appeal the Judgment to the Employment Appeal Tribunal
This blog discusses appealing an Employment Tribunal Judgment at the Employment Appeal Tribunal.
In What Situations Can I Appeal The Employment Tribunal’s Decision?
Either party to proceedings can submit an appeal to the Employment Appeal Tribunal against the original Judgment. However, for the application to be successful in proceeding to the next stage, the appeal must be based on:
- a “question of law”; or
- that the Judgment was “perverse”.
What Is “A Question Of Law”?
To be able to bring an appeal, you must be able to show the Judge misunderstood the legislation or there has been an error with the application of the law to the case. This is why it is so important to understand why the Judge made the decision they did.
Employment Tribunals decide both questions of fact and law when they consider claims. If you disagree with the conclusions they have reached about the facts in your situation, then, unfortunately, this is not the basis of an appeal at the Employment Appeal Tribunal. However, if you disagree with the way they applied the relevant law to the facts of your case, then this could be the basis of an appeal.
By way of example, if your claim was about your employment status (i.e. whether you were an employee or self-employed) the Employment Tribunal would consider written and witness evidence to establish what the facts of your working arrangements were. They would find as facts your start time, how you were allocated work, who decided what you were paid etc.
Having established the facts above, they would then apply various legal tests to decide whether you were an employee or self-employed. If they applied the wrong legal tests or applied them incorrectly, this could be the basis of an appeal to the Employment Appeal Tribunal.
What is a “perverse judgment”?
The Employment Tribunal is said to have made a “perverse decision” when it reaches a conclusion that is irrational, and no other reasonable Employment Tribunal would have come to the same conclusion.
Appeals on this basis are not common as it is highly unusual for a Judge to make a decision that is so wrong it makes no sense.
I Am Not Happy With The Employment Tribunal’s Decision, Can I Appeal It?
Just because you are not happy with the decision made, does not mean you can automatically appeal it. It is common for there to be evidence pointing in different directions in an Employment Tribunal claim. It is not an error in the application of the law or “perverse” if the Employment Tribunal makes a decision after favouring one line of evidence.
How Long Do I Have To Submit An Appeal to the Employment Appeal Tribunal?
There is a very strict time limit for appealing the decision of an Employment Tribunal. Your appeal must be lodged at the Employment Appeal Tribunal within 42 days from the date of the Judgment.
What Happens Next?
There is a form to complete called a Notice of Appeal. Once you have completed the Form, attached all your relevant documents and submitted it to the Employment Appeal Tribunal, it will then be reviewed. The Employment Appeal Tribunal will then decide whether there may be grounds for your appeal to proceed.
If they consider your appeal is not based on either an error of law or a perverse decision, they will refuse your application and you will be notified of this.
If it is decided your appeal can proceed, you will be notified, and a hearing date will be set for you to present your appeal. Your appeal is not a re-hearing of your original case, it will focus on the alleged error from the original hearing.
Assistance from Lincs Law Employment Solicitors
If you have received an Employment Tribunal Judgment but you think there has been an error, please call us on 01522 440512 for a free consultation with one of our specialist employment solicitors. For information about reconsideration of an Employment Tribunal Judgment, please visit our blog at https://lincslaw.co.uk/blog/i-do-not-agree-with-the-employment-tribunals-decision-what-can-i-do-now/
Managing Director, Specialist Employment Solicitor
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