Appeal to the tribunal

Write a letter called a ‘notice of appeal’ to the Secretary of Tribunals. Your letter must include: your name, address and telephone number a statement that it’s a ‘notice of appeal’ the grounds for appealing the decision what you want the tribunal to decide (known as the ‘determination’) whether you want to attend the hearing whether you’ll be legally represented the names and addresses of any witnesses you’d like to give evidence at the hearing You’ll need to include: a copy of the decision you’re appealing all documents that were part of your application for exemption any relevant documents that were not part of your original application - and the reasons why they were not included Send your letter You can email, post or deliver your notice of appeal in person to: Secretary of Tribunals Reserve Forces Appeal Tribunals Employment Tribunals Regional Office Alexandra House 14-22 The Parsonage Manchester M3 2JA Secretary of Tribunals rfat@justice.gov.uk

After you send your application

You’ll be told straight away when your appeal has been received. You’ll also be given: a case name a case number an address for sending any further letters and documents to the tribunal a date for your hearing - it’ll usually be within 28 days of the tribunal getting your appeal You’ll normally find out within a week of sending your appeal: whether the tribunal will consider your case whether the Reserve Forces opposes the appeal and why if the tribunal needs more information You’ll get another letter a few days before the hearing telling you what documents to bring with you, or send by post in advance. Witnesses The tribunal may suggest witnesses. You must contact them and make sure they appear at the hearing. The tribunal can force witnesses to appear at the hearing if you’re unable to do it yourself - the tribunal will tell you how.

What happens at the hearing

You (or your legal representative) will present your case to the tribunal. An ‘adjudication officer’ will represent the Reserve Forces. Both sides can give evidence, call witnesses, question witnesses and make statements to the tribunal. If neither side wants to attend a hearing, a decision will be made without a hearing. This is called a ‘paper hearing’. You and any witnesses who attend a hearing may be able to claim for expenses you have , for example accommodation or travel. Hearings are usually held in public. The tribunal’s decision You may get a decision at the end of the hearing. You’ll also get a written copy sent to you. If a decision’s not made at the hearing, you’ll get a letter telling you the decision within 1 month. This is known as a ‘reserved’ decision.

If you're unhappy with the decision

You cannot appeal if you lose the case. In exceptional circumstances, you may be able to ask for the tribunal to review its decision, for example if: new evidence becomes available the Secretary of Tribunals made a mistake in the proceedings someone had the right to attend the hearing but could not, and had a valid reason for doing so something else has gone wrong that’s made the process or decision unfair (known as a review ‘in the interests of justice’) You can get legal advice , including from a lawyer, if you need help. Write to the Secretary of Tribunals within 5 days of getting the decision. Secretary of Tribunals Reserve Forces Appeal Tribunals Employment Tribunals Regional Office Alexandra House 14-22 The Parsonage Manchester M3 2JA Secretary of Tribunals rfat@justice.gov.uk What happens next The tribunal can: ‘set aside’ the decision - this means you’ll have another hearing change the decision

The tribunal must follow the rules and process in: the Reserve Forces Appeal Tribunals Rules 1997 Part IX of the Reserve Forces Act 1996 The tribunal will make a decision based on the Reserve Forces (Call-out and Recall) (Exemptions Etc.) Regulations 1997.

Appeal a call up to the reserve forces

Q: Overview

You can appeal to the Reserve Forces Appeal Tribunals ( RFAT ) if: you’re in the UK reserve forces and your request for exemption from service has been turned down you employ a reservist and your request for their exemption from service has been turned down The tribunal must receive your appeal within 5 days of you receiving the decision (‘determination’) letter or your application may be rejected. If you’re going to miss the deadline and have a valid reason, say why when you appeal. Extensions are only granted in exceptional circumstances. The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision. Help you can get Contact RFAT or your legal representative if you have any questions about appealing. RFAT cannot give you legal advice. Reserve Forces Appeal Tribunals rfat@justice.gov.uk Telephone: 0161 833 6100 Monday to Friday, 9am to 5pm Find out about call charges You may want to get legal advice before you appeal.

Overview

You can appeal to the Reserve Forces Appeal Tribunals (RFAT) if:

you’re in the UK reserve forces and your request for exemption from service has been turned down
you employ a reservist and your request for their exemption from service has been turned down

The tribunal must receive your appeal within 5 days of you receiving the decision (‘determination’) letter or your application may be rejected.

If you’re going to miss the deadline and have a valid reason, say why when you appeal. Extensions are only granted in exceptional circumstances.

The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.

Help you can get

Contact RFAT or your legal representative if you have any questions about appealing. RFAT cannot give you legal advice.

Reserve Forces Appeal Tribunals
rfat@justice.gov.uk
Telephone: 0161 833 6100
Monday to Friday, 9am to 5pm
Find out about call charges

You may want to get legal advice before you appeal.

View a printable version of the whole guide

Appeal a call up to the reserve forces

Overview

Help you can get

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