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HMRC internal manual

National Minimum Wage Manual

Roles and Responsibilities: Employment Appeal Tribunal (England, Wales and Scotland)

The Employment Appeal Tribunal was created by the Employment Protection Act 1975. It is a Superior Court of Record dealing with appeals from the decisions of the Employment Tribunals (NMWM02100), the Certification Officer and the Central Arbitration Committee.

The jurisdiction of the Employment Appeal Tribunal extends to England, Wales and Scotland. There are six courts in London and one in Edinburgh, the Scottish Division. The administration of the service is provided through HM Courts and Tribunals Service, part of the Ministry of Justice.

The Employment Appeal Tribunal usually hears appeals on a point of law only. Fresh evidence will not normally be admitted unless its existence could not normally have been reasonably known of or foreseen and it would have had an important influence on the hearing.

An appeal tribunal consists of a Judge with possibly two (or unusually four) lay members with special knowledge or experience of employment relations. They are drawn in equal numbers from employers’ and workers’ representatives. Parties to the appeal can represent themselves or appoint anyone they choose to represent them, such as an officer of their trade union or employers’ association, or a representative of insurance schemes or lawyers. An appeal can be heard on written submissions should the parties wish. Appellants may be able to obtain pro bono (free) legal advice and representation.

An appeal from a judgment of the Employment Appeal Tribunal is to the Court of Appeal (England and Wales) or the Court of Session (Scotland) (NMWM02130).