Appeals from Employment Tribunals in England are heard in the Employment Appeal Tribunal (“EAT”) on Victoria Embankment in London. From time to time I am asked by parties to Tribunal proceedings if they can appeal against the outcome. The answer is that they can, but not just because they don’t agree with the decision.
Appeals to the EAT can only be brought on the grounds that the Employment Tribunal erred in law or that its decision was perverse (i.e. one which no reasonable Tribunal could come to on the evidence before it). The vast majority of decisions tend to fall in to the former category. The latter is notoriously difficult to establish. This case is an example of a perversity appeal that tried and failed.