Introduction
Are you struggling to understand an employment tribunal decision? This guide will help you navigate the process of challenging a tribunal ruling, from understanding the decision to requesting a reconsideration or filing an appeal. If you need personalised support, Contend’s highly trained AI legal experts are here to assist you in resolving your legal issues. With Contend, you can access the easiest legal help in the UK and gain clarity on your rights and options.
After attending an employment tribunal hearing, you will receive a decision from the tribunal, either right after the hearing or through the mail later on. If you’re unsure about the decision, it’s important to discuss it with an adviser or representative who can help clarify things for you.
If you don’t have anyone to consult and you don’t understand the judge’s decision, don’t hesitate to ask them to explain it during the hearing. If you’re unhappy with the outcome and feel you need to challenge it, seeking advice is crucial. This is a specialized area, so you might need to consult a solicitor.
Understanding the Decision
When you receive the tribunal’s decision, look for a section labeled “Reasons.” This part explains why the tribunal made its decision. If you don’t see this section or didn’t receive written reasons, you should write to the tribunal and request them. Make sure to do this within 14 days of receiving the decision. If you miss this deadline, you can still ask, but the tribunal may refuse your request, so be sure to explain why you were late.
Requesting a Reconsideration
If you believe the tribunal made an error, you can ask for a reconsideration. This means asking the judge to review the decision. The judge can change the decision if it’s in the interests of justice. For example, if:
- You missed the hearing because you didn’t receive proper notice.
- There was a mistake in how compensation was calculated.
- You have new evidence that wasn’t available at the time of the hearing.
Keep in mind that you can’t request a reconsideration just because you disagree with the decision. It’s more likely to be reconsidered if there’s a clear mistake or procedural issue.
To apply for a reconsideration, you need to submit a written request, including a copy for the other parties involved in the case. You must explain why you think the original decision should be changed. This request should be made within 14 days of receiving the decision or the written reasons, whichever is later. If you haven’t received the written reasons yet, you can still ask for reconsideration if you believe there’s a clear mistake.
Appealing the Decision
If you believe the tribunal made a legal error, you can appeal to the Employment Appeal Tribunal (EAT). However, you can’t appeal just because you’re unhappy with the decision; you must show that there was a legal mistake. This makes successful appeals somewhat rare.
Before you appeal, ensure you have the full written reasons for the tribunal’s judgment. You must submit your appeal within 42 days of receiving these written reasons. If you requested the reasons late, you can still appeal within 42 days of when the tribunal sent out the judgment. If you haven’t received the written reasons yet, explain this in your appeal.
If you have requested a reconsideration but haven’t received a decision yet, you should still go ahead and file your appeal before the deadline, just in case the tribunal denies your request for reconsideration. For more guidance on how to appeal, you can visit the EAT website.
Final Thoughts
Challenging a tribunal decision can be a complex process, and it’s important to seek advice if you’re unsure about your next steps. Whether you’re asking for reconsideration or planning to appeal, getting the right support can make all the difference in navigating the legal system.
If you need assistance, consider trying Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
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