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| EAT Cases | Just wondering... | 15 Apr 08 |
| Re: EAT Cases | Paul Ball | 18 Apr 08 |
| EAT Cases | Just wondering... | 15/04/2008 21:59 | |
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Hi I was wondering if anyone could tell me where I could get some stats about appeals? Also, if an employer has lodged an appeal against the judgement and they have not made any attempt to pay the amount originally ordered - can the money be requested from them (i.e. via County Court) or would that obligation to pay be put on hold pending an outcome from the tribunal? Another question also is whether it would be wise to appeal if a judgment had been reached by a unianimous decision and a failure to follow stat procedure altogether? Thanks |
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| + Re: EAT Cases | Paul Ball | 18/04/2008 16:50 | paulball@ eversheds com |
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Hi just wondering... You can get some appeals statistics from the Employment Appeal Tribunal website. Here is the link: http://www.employmentappeals.gov.uk/ If you have not received the money which the tribunal has awarded to you, currently the tribunal does not have the power to enforce the award. However, you can ask your local county court to enforce the judgment. You can get the address of your local county court from the Court Service website at www.courtservice.gov.uk. You should tell the county court that your employer has appealed and what the appeal is about. The court can order interest to be paid on any late payment An appeal from an employment tribunal can only be made on a 'point of law'. In order to do this, the appellant must be able to show that the tribunal misdirected itself on the law, misapplied the law or misunderstood the law applicable to the proceedings before it. An unsuccessful party often expresses a wish to appeal on the basis that they do not like the judgment of the employment tribunal, so it is effectively wanting a second opinion. This is not the function of the EAT, which will not hear witness evidence. Unless the EAT finds there has been perversity or an error of law, an appeal will not be successful, and might not even be allowed to proceed to an appeal hearing. The fact that a judgment has been reached by a unanimous decision of the employment tribunal panel does not mean that the decision is necessarily correct, and it could still be the subject of a successful appeal if there is an error of law or it is perverse. However, a finding that there has been a failure to follow statutory procedure may be more difficult to overturn as it is usually a finding of fact I hope this helps Paul |
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