GOING TO THE EMPLOYMENT APPEAL TRIBUNAL
Spencer is a direct access barrister (previously known as public access barrister). He advisee and represents clients in the Employment Appeal Tribunal (EAT). He provides his services directly to companies, members of the public and solicitors.
Spencer’s fees for appearing in the EAT are split into two stages:
- drafting a notice of appeal or response to appeal* (and attending preliminary hearings);
- attending significant preliminary hearings or full hearings.
He charges a fixed fee based upon the complexity and likely length of the appeal hearing.
Spencer will always consider providing pro-bono assistance on an appeal, particularly if it concerns an interesting point of law.
* Please note that if you are a direct access client Spencer you will have to present documents to the Employment Appeal Tribunal yourself.
APPEALING TO THE EAT
If you are dissatisfied with a decision of an employment tribunal you can appeal to the Employment Appeal Tribunal.
If you wish to appeal you must act quickly. There is a short time limit for appealing to the Employment Appeal Tribunal. Normally the notice of appeal must be lodged within 42 days of the date of the decision you are appealing.
The Employment Appeal Tribunal publishes guidance on how to appeal here. To appeal a tribunal decision you must complete and lodge a notice of appeal (click to following link to the form on the EAT website) at the EAT with copies of the following documents:
- A copy of the judgment, decision or order being appealed;
- A copy of the tribunal’s written reasons for making the judgment, decision or order;
- A copy of the claim form (ET1);
- A copy of the defence (ET3).
If you do not attach these documents the Notice will be rejected by the EAT. If any of these documents cannot be included you must provide a written explanation why and attach any relevant orders made by the Tribunal.
You will be required to pay a fee upon lodging an appeal and a further fee before the full hearing. People with limited means can apply for an exemption from paying a fee (called a fee remission).
DEFENDING AN APPEAL IN THE EAT
Once a Notice of Appeal is accepted by the EAT, it will then consider whether permission to appeal should be granted.
At this stage the EAT can reject the appeal on paper, decide to list it for a preliminary hearing or give permission for the case to be heard at a full hearing.
If permission to appeal is refused on paper the appellant can ask for an oral hearing to argue his/her application before a judge.
If the Employment Appeal Tribunal permits an appeal to go forward to a full hearing it will send the respondent a copy of the Notice of Appeal and any submissions or skeleton argument lodged by the appellant. Unless otherwise directed the respondent must lodge a respondent’s Answer at the EAT and serve a copy on all the other parties to the appeal within 14 days of the sealed date of the order serving the appeal.
The matter is then listed for a hearing at which the appeal is determined.
PROCEDURE IN THE EAT
SPENCER’S RECENT EAT CASES
For a list of some of Spencer’s interesting EAT and appellate cases see Spencer’s profile on his Chambers’ website here: http://www.oldsquare.co.uk/our-people/profile/spencer-keen