This appeal to the EAT illustrates that having lost at Tribunal, the only way is not up for the losing Claimant. He may have thought things couldn’t get worse for him when he lost his Tribunal claim and he had nothing to lose by appealing, but this proved not to be the case.

The Claimant appealed to the EAT. As well as answering the appeal, the appeal prompted the Respondent to cross appeal about the Tribunal’s decision that the Claimant wasn’t required to repay fees under a training agreement’s repayment provision. The Claimant lost his appeal but the Respondent won its cross appeal. This left the Claimant not only still losing his claim, but having to repay £2,188 of training fees as well!

The same is true of internal appeals. A final written warning from a disciplinary hearing could turn in to a dismissal on appeal (although this is rare).