News and Events

EAT Practice Direction 2023

  • Posted

The President of the Employment Appeal Tribunal, Mrs Justice Eady, has issued a new EAT Practice Direction which takes effect on 30 September 2023.

The 80 page guide is an explanation of all EAT practice, including detailed explanations of what should (and should not) appear in a Notice of Appeal, time limits (with the frequently overlooked 4pm cutoff point emphasised in bold) and every aspect of EAT procedure.

Of particular note are two new forms, at annexes 1 and 2.  Annexe 1 is a new form to be used when a party makes an application under rule 3(10) (effectively for permission to appeal, after a Judge has decided on the papers the Notice of Appeal does not appear to contain an arguable point of law).  Annexe 2 is a new form to be used whenever making any application to the EAT, including applications to amend, applications for an appeal to be expedited, or applications to postpone a hearing.

Once or twice a year, I suggest that any employment practitioner must read a document. This is one of those times.