Employment Appeal Tribunal

Last updated

The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. [1] 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. [2] It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. [3]


There are two classes of members of the tribunal:

Members are nominated or appointed by the Lord Chief Justice. One of the nominated judges is selected as the president. The usual term of office for president is three years. Since 1 January 2019, the president has been Sir Akhlaq Choudhury. [5]


The tribunal is governed by the Employment Appeal Tribunal Rules 1993, [6] as amended in 1996, 2001, 2004 and 2005, and further by its Practice Direction. [7] Parties are expected to understand and apply these rules.


The tribunal has jurisdiction to consider appeals only on questions of law, including perversity. [8]

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 may 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.


The Employment Appeal Tribunal was created in 1975 [9] as a successor to the National Industrial Relations Court, which had been abolished in 1974.

Presidents of the Employment Appeal Tribunal


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 George House, 126 George Street in Edinburgh. [10]

Related Research Articles

<span class="mw-page-title-main">Court of Appeal (England and Wales)</span> Second most senior court in the English legal system

The Court of Appeal is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.

The Asylum and Immigration Tribunal (AIT) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA), and fell under the administration of the Tribunals Service.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Court of Session</span> Supreme civil court of Scotland

The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination. The tribunals are part of the UK tribunals system, administered by the HM Courts and Tribunals Service and regulated and supervised by the Administrative Justice and Tribunals Council.

The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom. It was empowered to grant injunctions as necessary to prevent injurious strikes and also to settle a variety of labour disputes. It also heard appeals from the Industrial tribunals. Unusually, its jurisdiction extended throughout the UK, making no distinction between England and Wales or Scotland.

<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

<span class="mw-page-title-main">Judiciaries of the United Kingdom</span> Systems of courts of law in England and Wales, Northern Ireland and Scotland

The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.

The Police Tribunal of New South Wales was a tribunal established in New South Wales, a state of Australia to deal with allegations of misconduct by New South Wales Police. It was established in 1990 and abolished in 1998.

<span class="mw-page-title-main">Chief Industrial Magistrate's Court</span>

The Chief Industrial Magistrate's Court of New South Wales, a division of the Local Court of New South Wales, is a court within the Australian court hierarchy established pursuant to the Industrial Relations Act 1996 (NSW).

The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs).

The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT.

<span class="mw-page-title-main">Arbitration Act 1996</span> United Kingdom legislation

The Arbitration Act 1996 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.

<span class="mw-page-title-main">Upper Tribunal</span>

The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the decisions of lower tribunals. It is administered by His Majesty's Courts and Tribunals Service.

The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of 20 previously existing tribunals. It is administered by His Majesty's Courts and Tribunals Service.

<span class="mw-page-title-main">Scots law</span> Legal system of Scotland

Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.

The South Australian Employment Tribunal, which also sits as the South Australian Employment Court is a South Australian tribunal empowered to adjudicate on rights and liabilities arising out of employment. It has existed in some form or another since 1912, under various names.

Sir Akhlaq Ur-Rahman Choudhury is a British High Court judge of England and Wales. In 2017, he was made Knight Bachelor on appointment, becoming the first British-Bangladeshi and Muslim to be appointed to the High Court of Justice.

Dame Jennifer Jane Eady is a British High Court judge.


  1. Employment Tribunals Act 1996, s.20
  2. Employment Tribunals Act 1996, s.20(2)
  3. Whittaker v. P & D Watson (t/a P and M Watson Haulage) [2002] ICR 1244
  4. Employment Tribunals Act 1996, s.22(1)
  5. "President of the Employment Appeal Tribunal – Mr Justice Choudhury". Judiciary of England and Wales. Retrieved 10 June 2021.
  6. "Employment Appeal Procedure Rules" (PDF). Tribunals Service. 2005. Archived from the original (PDF) on 27 September 2007. Retrieved 21 March 2008.
  7. "Practice Direction". Tribunals Service. 2004. Archived from the original on 7 March 2008. Retrieved 21 March 2008.
  8. Yeboah v. Crofton CA [2002] EWCA Civ 794
  9. Employment Protection Act 1975, s.87
  10. Employment Appeal Tribunal Contact Us