EAT practice and procedure: overview

Resource type: Practice note: overview

Status: Maintained

Jurisdictions: England, Scotland, Wales

This note provides a guide to proceedings before the EAT. It considers:

The grounds on which an appeal can be brought and a Notice of Appeal issued by an appellant.
How a respondent should lodge an Answer and any cross-appeal.
The sift of appeals by the EAT and allocation of appeals to hearing tracks.
Preparing an appeal for a full hearing, the conduct of a full hearing and the disposal of appeals.
Review and appeal of EAT decisions.
When costs may be awarded in EAT proceedings.

For guidance on procedure before the employment tribunal, see Practice note, Employment tribunal practice and procedure: overview.

NOTE: CHANGES DUE IN SUMMER 2013:

Section 12 of the Enterprise and Regulatory Reform Act 2013 is due to come into force on 25 June 2013. As a result, EAT judges will hear cases sitting alone, unless they direct otherwise.
It is anticipated that the new fees regime will be introduced in July 2013 (see Legal update, Employment tribunal fees: draft order laid before Parliament).

For further information, see Practice note, What to expect in employment law.

PLC Employment

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Resource ID: 3-376-4664
Products: PLC UK Employment, PLC UK Pensions, PLC UK Public Sector
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Practice note: overview

Employment tribunal practice and procedure: overview Employment tribunal practice and procedure: overview (http://publicsector.practicallaw.com/topic7-376-2130)
Northern Irish employment law: overview Northern Irish employment law: overview (http://publicsector.practicallaw.com/topic3-201-9874)
Overview of English employment law Overview of English employment law (http://publicsector.practicallaw.com/topic4-200-2142)
Overview of Scots employment law Overview of Scots employment law (http://publicsector.practicallaw.com/topic8-201-3025)

Practice notes

EAT (01): constitution and operation EAT (01): constitution and operation (http://publicsector.practicallaw.com/topic3-376-4635)
EAT (02): jurisdiction EAT (02): jurisdiction (http://publicsector.practicallaw.com/topic7-376-3747)
EAT (03): grounds of appeal EAT (03): grounds of appeal (http://publicsector.practicallaw.com/topic7-376-4638)
EAT (04): issuing an appeal EAT (04): issuing an appeal (http://publicsector.practicallaw.com/topic7-376-3752)
EAT (05): the sift and allocation to a hearing track EAT (05): the sift and allocation to a hearing track (http://publicsector.practicallaw.com/topic4-376-3758)
EAT (06): preliminary hearings EAT (06): preliminary hearings (http://publicsector.practicallaw.com/topic2-376-3759)
EAT (07): defending an appeal and cross-appealing EAT (07): defending an appeal and cross-appealing (http://publicsector.practicallaw.com/topic9-376-4642)
EAT (08): employment judge's notes and new evidence EAT (08): employment judge's notes and new evidence (http://publicsector.practicallaw.com/topic7-376-4643)
EAT (09): restricted reporting orders EAT (09): restricted reporting orders (http://publicsector.practicallaw.com/topic0-376-4646)
EAT (10): interlocutory matters EAT (10): interlocutory matters (http://publicsector.practicallaw.com/topic6-376-4648)
EAT (11): conciliation and settlement EAT (11): conciliation and settlement (http://publicsector.practicallaw.com/topic9-376-3765)
EAT (12): skeleton arguments, authorities and hearing bundles EAT (12): skeleton arguments, authorities and hearing bundles (http://publicsector.practicallaw.com/topic2-376-3764)
EAT (13): full hearings and disposal of appeals EAT (13): full hearings and disposal of appeals (http://publicsector.practicallaw.com/topic9-376-4656)
EAT (14): review and appeal of EAT decisions EAT (14): review and appeal of EAT decisions (http://publicsector.practicallaw.com/topic7-376-4657)
EAT (15): costs in the EAT EAT (15): costs in the EAT (http://publicsector.practicallaw.com/topic5-376-3772)
Northern Irish employment tribunals: practice and procedure Northern Irish employment tribunals: practice and procedure (http://publicsector.practicallaw.com/topic0-382-8686)
Scottish employment tribunals: practice and procedure Scottish employment tribunals: practice and procedure (http://publicsector.practicallaw.com/topic9-382-7319)

Checklists

Employment forms, rules and questionnaires Employment forms, rules and questionnaires (http://publicsector.practicallaw.com/topic9-200-3276)
Tribunal procedure: Layout of typical Employment Appeal Tribunal hearing room Tribunal procedure: Layout of typical Employment Appeal Tribunal hearing room (http://publicsector.practicallaw.com/topic2-378-7982)

Articles

EAT Form 1 EAT Form 1 (http://publicsector.practicallaw.com/topic5-377-3380)
EAT Form 3 EAT Form 3 (http://publicsector.practicallaw.com/topic3-377-3381)
EAT Form 8 EAT Form 8 (http://publicsector.practicallaw.com/topic1-377-3382)

Legal update: archive

Ask the team: Binding authority of employment decisions Ask the team: Binding authority of employment decisions (http://publicsector.practicallaw.com/topic9-502-8080)

External resources

EAT Practice Statement [2005] ICR 660 (2005 Practice Statement) EAT Practice Statement [2005] ICR 660 (2005 Practice Statement) (http://publicsector.practicallaw.com/topic8-377-9347)
EAT Practice Statement on citing authorities EAT Practice Statement on citing authorities (http://publicsector.practicallaw.com/topic3-376-6682)
EAT/Acas Conciliation Protocol 2007 EAT/Acas Conciliation Protocol 2007 (http://publicsector.practicallaw.com/topic1-376-6683)
Employment Appeal Tribunal Rules 1993 (SI 1993/2854) (EAT Rules) Employment Appeal Tribunal Rules 1993 (SI 1993/2854) (EAT Rules) (http://publicsector.practicallaw.com/topic6-377-9348)

Binary content

Practice direction (Employment Appeal Tribunal Procedure) 2008 Practice direction (Employment Appeal Tribunal Procedure) 2008 (http://publicsector.practicallaw.com/topic4-382-0160)

EAT practice and procedure: overview

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