Fixed Fee Employment Appeals



Fixed fee employment appeal tribunal barrister

Spencer provides a fixed fee appeal service for the Employment Appeal Tribunal.

He is a direct access  barrister (previously known as public access) and can provide advice and representation in the Employment Appeal Tribunal directly to members of the public as well as solicitors.

Spencer’s fees are split into two stages:

  • Firstly, the cost of submitting a notice of appeal* or response to appeal* (and attending any preliminary hearings); and
  • Secondly the cost of attending a full hearing.  Please contact Spencer or his clerk to discuss your requirements and his fees for representing you.

* Please note that if you are a direct access client Spencer can draft court documents for you, but you will have to present them to the Employment Appeal Tribunal yourself.

Bringing an appeal

If you are dissatisfied with a decision reached by the employment tribunal you can appeal to the Employment Appeal Tribunal.  Spencer regularly appears in the employment appeal tribunal and offers a fixed fee employment appeal tribunal service.

If you wish to appeal you must act quickly.   There is a short time limit for appealing to the Employment Appeal Tribunal.   Normal procedure requires the notice of appeal to be lodged within 42 days of the date of the decision you are appealing.   Please mark any requests for advice on time limits as urgent.  You should lodge the appeal yourself if you are not able to arrange representation in time.

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:

  1. A copy of the judgment, decision or order being appealed;
  2. A copy of the tribunal’s written reasons for making the judgment, decision or order;
  3. A copy of the claim form (ET1);
  4. A copy of the defence (ET3).

If you do not attach these documents the Notice will not be validly lodged and will be rejected.   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

Once a Notice of Appeal is accepted by the Employment Appeal Tribunal it will be put through a sift.   This is a process that determines whether permission to appeal should be granted.  The Employment Appeal Tribunal can reject an 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.

Procedure in the EAT

Procedure in the EAT is governed by the EAT Rules  and the EAT Practice Directions

Spencer’s recent EAT cases

Spencer’s cases in the Employment Appeal Tribunal including discrimination cases, TUPE cases, unfair dismissal cases:

  • Cousins v The Forum@Greenwhich [2015]
  • Boothe v Governing Body of Toynbee School [2015]
  • Edwin v Avante Partnership [2014]
  • Boeree v Dare  [2013]
  • King v Health Professions Council [2012]
  • X v Mid Sussex CAB [2012] (EAT, Court of Appeal and Supreme Court)
  • Lisboa v Realpubs [2011]
  • Power v Greater Manchester Police [2010]
  • Gill v Humanware  [2010] (EAT and Court of Appeal)

How to appoint Spencer

Please call Spencer on 07717 721204 to discuss your needs.
Alternatively, please email or use our contact form to get in touch.