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‘I want to Appeal’ NB : You must follow
these instructions as quickly as possible,
give the EAT as much time as possible to
consider your appeal. If you are
represented you should inform your
Representative immediately. If you are not
represented you should: Ask the Employment
Tribunal for a copy of the full or extended
reasons for their decision. Immediately
obtain a copy of Form 1, which will become
your notice of appeal, download a copy from
this website. As soon as possible send
your notice of appeal (Form 1) to the EAT
together with the extended reasons for the
Employment Tribunal's decision that you are
appealing. It is important that your
completed notice of appeal (Form 1) is
received by the EAT within 42 days from the
date on which the extended reasons for the
Employment Tribunal's decision or order were
sent to you. Your appeal must be sent
within the 42 days even if you are applying
for a Review at the Employment Tribunal or
making an application for Legal Aid. The
appeal must be accompanied by the extended
written reasons, a summary of reasons will
not be sufficient. ‘What can I appeal?
You can appeal any decision, direction or
order of the Employment Tribunal. But
please remember - Appeals can only be made
on a point of law. The Employment Appeal
Tribunal has no power to reverse an
Employment Tribunal's findings of fact
unless a question of law arises. ‘What is
a point of law?’ A point of law is one
which concerns the interpretation of the
legislation and its application to the facts
of the case. A decision of an Employment
Tribunal is wrong if the law has been
incorrectly interpreted or applied or if the
decision is one which no reasonable tribunal
could have reached. ‘What if I do not
understand whether there is a point of law?’
You should seek legal advice. Check to see
whether you are eligible for legal aid -
read the forms supplied by the Employment
Tribunal with their Decision. Contact your
local Citizens' Advice Bureau who may be
able to either help you or put you in touch
with an organisation who can. Remember :
Do not ask the staff at the Employment
Appeal Tribunal to give you legal advice on
your case. The staff's function is to ensure
that the correct procedures are followed.
‘What if I am appealing against an order or
a direction given by the Employment Tribunal
at a preliminary hearing?’ You must follow
the procedure as laid out above. You must
appeal within 42 days of the order and
enclose a copy of the order, decision or
letter. If the order or direction is made
at a preliminary hearing assessment, or at
the beginning of or during an Employment
Tribunal hearing the appeal will be dealt
with as soon as possible by the EAT. ‘Can
I ask for more time before I put in my
notice of appeal?’ No. You must submit a
notice of appeal and then ask for more time
to obtain legal aid or legal advice. It is
not enough to write a letter saying you
intend to appeal. You must state the grounds
on which you are appealing.
‘What happens if I send a notice of
appeal to the Employment Appeal Tribunal?’
You will receive an acknowledgement of
receipt. If you do not receive an
acknowledgement within 7 days you should
contact the Employment Appeal Tribunal and
check receipt. The Registrar will decide
whether the EAT has jurisdiction to hear the
appeal. The EAT will inform you of what
steps you need to take. You will be sent
any forms and leaflets you need. In some
circumstances the Employment Appeal Tribunal
will refuse to hear your appeal. If this
happens you will be notified of the reasons.
‘How will I know when my appeal will be
heard?’ The Listing Office will send a
notice of hearing giving the date and time.
If you are unable to attend on the date
given you should notify the Listing Office
immediately. Adjournments/postponements
will only be allowed in exceptional
circumstances. Medical certificates must be
provided in cases of illness. 
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