Unsuccessful parties to a Tribunal hearing can only appeal on one of two grounds. The Tribunal at first instance made an error of law or their decision was perverse. Parties can not appeal simply because they do not like the decision and want a second bite of the cherry.
The leading case on perversity appeals – Yeboah v Crofton sets a high hurdle for appellants seeking to win a perversity appeal – to succeed in the appeal the Tribunal’s decision must be such that no reasonable Tribunal would come to the same conclusion (a bit like to win an unfair dismissal claim, the employer’s decision to dismiss must be such that no reasonable employer would make).
This is an example of a perversity appeal succeeding – Netintelligence Ltd v McNaught. The Tribunal accepted the Claimant’s evidence despite the fact that her solicitor didn’t cross examine the employers’ witnesses on it, despite her evidence being contradictory in places and despite there being other matters which brought her credibility in to question!