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/ 31 Jul 2013

Employment Law Changes – Countdown to 29 July 2013

Part Three: Employment Appeal Tribunal Fees and Rules

On 29th July fees will be payable by an appellant who wishes to appeal a decision in the Employment Tribunal (ET) to the Employment Appeal Tribunal (EAT). In addition, new EAT rules will come into effect. These changes have the duel objective of attempting to reduce the number of claims to the EAT and making the EAT more financially self-reliant.

The initial fee payable when issuing the Notice of Appeal is £400. A second fee of £1,200 is payable prior to the full hearing when directed by the EAT. A part and whole fee remission system is available where appellants meet certain financial requirements.

The new EAT Rules limit the appellants limit the rights of an appellant at the first stage, often referred to as the “sift” stage, from: challenging a decision by the EAT that an appeal does not have reasonable prospects of success by lodging a fresh notice of appeal; and applying for an oral hearing where the EAT determines that an appeal or cross appeal is totally without merit.
The Rules also introduce a facility whereby the EAT may order an unsuccessful respondent to repay the appellant the fees. What is not clear from the new EAT Rules is what happens when the parties are in the EAT due to a poor first tier, Tribunal judgment.

We shall be providing further information regarding the above, including information regarding the fee remission system, once we receive notice of the same.

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