Appeal to the Employment Appeal Tribunal (EAT)
If you lose your case
You may be able to appeal to a higher court if you think there was a legal problem with the Employment Appeal Tribunal’s (EAT’s) decision.
Get legal help or advice if you’re not sure about this.
Appealing an employment tribunal decision made in England or Wales
You must ask for permission before you appeal to the higher court, the Court of Appeal. You can either ask EAT or the Court of Appeal for permission.
You must provide your grounds for appeal and the legal problem with the decision.
Asking EAT for permission
You must ask EAT for permission to appeal within 7 days of receiving the decision.
You can ask for permission on the day of your hearing (if you receive your decision on the day).
If you’re refused permission, you can ask the Court of Appeal directly.
Asking the Court of Appeal for permission
You can ask the Court of Appeal for permission. You must do this within 21 days of the date you were told you lost your case or were refused permission by EAT.
If you receive a Rule 3(7ZA) or Rule 3(10) order
If your appeal has been rejected under Rule 3(7ZA) or dismissed under Rule 3(10), you cannot ask EAT for permission to appeal.
You need to ask the Court of Appeal directly for permission within 7 days of the date of the order.
Asking for more time
You can ask for more time to ask for permission to appeal. You must have a good reason.
You usually have to ask the Court of Appeal for more time.
Appealing to the Court of Appeal
Once you’ve been given permission, you can appeal to the Court of Appeal.
Appealing an employment tribunal decision made in Scotland
You must ask EAT for permission to appeal within 42 days.
If you get permission, you can appeal to the Scottish higher court, the Court of Session.
If you’re refused permission to appeal by EAT, you might be able to ask the Court of Session directly. Contact the Court of Session to find out how to do this.