Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues.
The Tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of the Tribunals Service. Although it is a superior court of record, the Tribunal may not make a declaration of incompatibility under the Human Rights Act 1998.
There are two classes of members of the Tribunal:
- Nominated members, who are appointed from English and Welsh Circuit Judges, Judges of the High Court and the Court of Appeal as well as at least one Judge from the Court of Session.
- Appointed members, who must have special knowledge or experience of industrial relations, appointed either as representatives of:
- Employers; or
Members are nominated or appointed by the Lord Chancellor. One of the nominated Judges is selected as the President. The usual term of office for President is 3 years. The Honourable Mr Justice Langstaff served as President for 4 years from 1 January 2012 until 31 December 2015. His successor, announced on 17 December 2015, is The Honourable Mrs Justice Simler, the first woman to hold the role.
The Tribunal is governed by the Employment Appeal Tribunal Rules 1993, as amended in 1996, 2001, 2004 and 2005, and further by its Practice Direction. Parties are expected to understand and apply these rules.
The Tribunal has jurisdiction to consider appeals on only questions of law. Appeals on questions of fact are only allowed in exceptional circumstances, on the ground that a tribunal decision was so perverse or defective that no reasonable tribunal could have arrived at that decision. A perversity appeal will only succeed if the party overwhelmingly demonstrates that Employment Tribunal's decision was one which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.
Appeals from the Employment Appeals Tribunal
A party dissatisfied with a decision of the Employment Appeal Tribunal may apply to the Tribunal requesting a review of its own decision. The Tribunal may also review its decision of its own motion. Decisions can be reviewed where an error is relatively minor, for example a clerical error. Where a party believes the Tribunal has misapplied the law or acted perversely, the review process is inappropriate and the party must appeal to the Court of Appeal (England and Wales) or the Court of Session (Scotland).
Parties are expected to comply with strictly enforced time limits when applying for a review or appeal.
- Presidents of the Employment Appeal Tribunal
- 1981 to 1984 (?) - Nicolas Browne-Wilkinson, Baron Browne-Wilkinson
- 1984 to 1988 - ?
- 1989 to 1993 - Mr Justice Wood MC
- 1993 to 1996 - John Mummery
- 1997 to 2000 - Mr Justice Morison
- 2000 to 2003 - Mr Justice Lindsay
- 2003 to 2006 - Mr Justice Burton
- 2006 to 2009 - Patrick Elias
- 2009 to 2012 - Nicholas Underhill
- 2012 to 2015 - Brian Langstaff
- 2016 to 2018 - Ingrid Simler
The Tribunal has two permanent offices: for England and Wales it is located at Fleetbank House, Salisbury Square, in the Fleet Street area of London; for Scotland it is located at 52 Melville Street, in Edinburgh.
- Employment Tribunals Act 1996, s.20
- Employment Tribunals Act 1996, s.20(2)
- Whittaker v. P & D Watson (t/a P and M Watson Haulage)  ICR 1244
- Employment Tribunals Act 1996, s.22(1)
- "Employment Appeal Procedure Rules" (PDF). Tribunals Service. 2005. Archived from the original (PDF) on 2007-09-27. Retrieved 2008-03-21.
- "Practice Direction". Tribunals Service. 2004. Archived from the original on 2008-03-07. Retrieved 2008-03-21.
- Yeboah v. Crofton CA  EWCA Civ 794
- Employment Protection Act 1975, s.87
- Employment Appeal Tribunal Contact Us
- "Employment Appeal Tribunal". Tribunals Service. 2007. Retrieved 2008-03-21.