EMPLOYMENT APPEAL TRIBUNAL - EAT

Sadly, disputes at work are common and resort may have to be made to the Employment Tribunal and in extreme cases to the Employment Appeal Tribunal. Workers can be disaffected by breach of their employment contract, by wage disputes, or by employers giving them insufficient maternity or paternity leave. More prominently, workers who have been fired or made redundant may perceive themselves to be the victims of unfair dismissal, where the employer fired them without adequate evidence backing up the justification for their action; or constructive dismissal, where the employer breached the employment contract, leading to the employee resigning. Lastly, it is also a sad fact that employees may feel harassed or bullied at work. Whether due simply to personal likes, or due to race, age, gender, sexuality, or disability, employees may face distressing harassment which can have a range of detrimental effects on their well-being.

The Employment Appeal Tribunal (EAT) is part of the legal apparatus that exists to try and resolve such disputes. They are, however, an advanced stage in the process of making a claim, and most parties would hope that the dispute was solved during earlier stages. The attendance by both parties is usually observed in the EAT, however written appeals may alternatively be considered. New evidence can be admitted if it can be shown to be important and yet unavailable at the time of the original Employment Tribunal hearing. Legal aid may be available from the Legal Services Commission to qualifying applicants to be legally represented before the EAT.

Employment related disputes are initially put forward to the Employment Tribunal. Complaints (or applications) can be made on a variety of matters which include dismissal and redundancy issues, accusations of harassment and discrimination, and disputes over wages and working conditions. The full list of plausible topics is available from local tribunal offices, on the ‘jurisdiction list’ available there. Cases are heard by a government-appointed chairman flanked by two government-appointed representatives from a trade union and from the employer’s organisation. Specialist solicitors who deal with employment law, it should be noted, are available to those who need expert representation at tribunal.

After intial determination if either party is dissatisfied with the judgement it may in certain circumstances be possible to take the matter to the Employment Appeal Tribunal which was created by the Employment Protection Act 1975. An Employment Appeal Tribunal will not normally re-hear the case and will not normally hear new evidence but will make a decision based on a specific point of law that is to be reconsidered. Parties must act quickly, within strict time limits, to lodge an appeal, or the case will be dismissed.

The procedure of an Employment Appeal Tribunal is somewhat more formal than the Employment Tribunal which is relatively informal. The Employment Appeal Tribunal sits in 7 locations in Britain, where they are presided over by a panel including a judge appointed by the Lord Chancellor, and a set of lay workers who have experience in employment relations. Either a solicitor or in some circumstances, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission represent the employee, or they can opt to represent themselves.