Employment Appeal Tribunal

The Employment Appeal Tribunal (EAT) exists and derives its substantive powers from statute. It is a superior court of record and therefore of equivalent status to the High Court.

The EAT's central office is in London. Generally, hearings take place in London and Edinburgh.

The EAT has its own set of rules and also a Practice Direction (the 2023 Practice Direction replaced the 2018 Practice Direction with effect from 30 September 2023).

Operation of the Employment Appeal Tribunal during the coronavirus (COVID-19) pandemic

The operation of the EAT was affected by the coronavirus (COVID-19) pandemic. Several announcements were made concerning how the EAT would operate during the coronavirus (COVID-19) pandemic (on 20 March 2020, 25 March 2020 (revised on 26 March 2020) and 9 April 2020) by the then President of the Employment Appeal Tribunal, Choudhury P.

In addition:

•
the Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020, SI 2020/415 (the EAT Amendment Rules 2020), made a temporary amendment to Rule 29 of the EAT Rules, with effect from 10 April 2020, to specify that an EAT hearing may be conducted by means of electronic communication

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Latest Employment News

HMCTS announces delay in new ET practice directions implementation

HM Courts and Tribunals Service (HMCTS) has announced a delay in the implementation of new Practice Directions for Employment Tribunals (ET) in England, Wales, and Scotland. In an email circulated to national user group members, HMCTS advised that the Practice Directions, originally scheduled to coincide with the Employment Tribunal Procedure Rules 2025 on 6 January 2025, are now expected later in January 2025. The directions will introduce changes to the presentation of claims, responses, and statutory appeals, including restrictions on email submissions of ET3 response forms.

Lawyers warn skeletal zero-hours contract ban may backfire

Law360: A proposed reform to crack down on exploitative zero-hours contracts is so vaguely drafted that it is unworkable and risks backfiring on its aim to provide more stability for workers, lawyers and industry groups say.

ET Presidents explain how to approach existing Practice Directions and Presidential Guidance in light of new ET procedure rules

Employment analysis: Judge Barry Clarke, the President for the Employment Tribunals (England and Wales), and Judge Susan Walker, the President for the Employment Tribunals (Scotland), have published a joint letter, dated 18 December 2024, concerning the interaction between the current Practice Directions and Presidential Guidance documents and the new Employment Tribunal Rules 2024, which take effect on 6 January 2025.

Employment weekly highlights—19 December 2024

This edition of Employment weekly highlights includes: (1) a round-up of the key employment law developments in 2024 and what to look out for in 2025, (2) a joint letter from the Presidents of the Employment Tribunals for England & Wales and Scotland on how to approach existing Practice Directions and Presidential Guidance in light of the new procedure rules, (3) two Court of Appeal decisions on the extension of employment tribunal time limits, (4) an EAT decision examining the interplay between regulations 4(7), 4(8) and 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), (5) a Court of Appeal ruling that claims that migrant workers were abused in Dyson’s Malaysian factories should be heard in Britain, (6) the IRLR Highlights for January 2025, (7) dates for your diary, and (8) other news items of interest to employment practitioners.