Spencer is a direct access barrister who appears regularly in the Employment Appeal Tribunal.
The employment appeal tribunal hears appeals from employment tribunals. If you are dissatisfied with a decision of an employment tribunal you can appeal to the Employment Appeal Tribunal. If you wish to appeal you must act quickly as there is a short time limit for appealing. Normal procedure expects the notice of appeal to be lodged within 42 days of the date of the decision you are appealing against. Spencer can provide you with advice on time limits – please mark any requests for advice on time limits as urgent.
Appealing to the Employment Appeal Tribunal
To appeal a tribunal decision you must complete and lodge a notice of appeal at the EAT with copies of the following documents:
1) The decision being appealed and the tribunal’s written reasons for making it.
2) The claim form (ET1)
3) The defence (ET3).
If you do not attach these documents the Notice will not be validly lodged and will be rejected by the EAT.
A fee is required upon lodging an appeal and a further fee for the hearing. People with limited means can apply for an exemption from paying a fee (called a fee remission).
Defending an Appeal
Once a Notice of Appeal is accepted by the EAT it will be put through a sift. This is a process that determines whether permission to appeal should be granted. The EAT can reject an appeal on paper, decide to list it for a preliminary hearing or give permission for the case to be heard at a full hearing. If permission to appeal is refused on paper the appellant can ask for an oral hearing to argue his/her application before a judge.
If the EAT permits an appeal to go forward to a full hearing it will send the respondent a copy of the Notice of Appeal and any submissions or skeleton argument lodged by the appellant. Unless otherwise directed the respondent must lodge a respondent’s Answer at the EAT and serve a copy on all the other parties to the appeal within 14 days of the sealed date of the order serving the appeal.
Fixed Fee Employment Appeal Tribunal Service
Spencer Keen provides a fixed fee appeal service in the Employment Appeal Tribunal. He is able to provide direct access (public access) advice and representation in the Employment Appeal Tribunal. He acts for both Appellants and Respondents. Although he is recognised by the Legal 500 as a leading employment barrister his fees remain competitive.
Spencer’s costs for representing an you at an appeal are likely to be split into two stages. Firstly, the cost of submitting a notice of appeal or response to appeal (and attending any subsequent hearings seeking permission to appeal) and secondly the cost of attending a full hearing.
Please contact Spencer or his clerk to discuss your requirements and his fees for representing you.
Spencer’s Appearances as an Employment Appeal Tribunal Barrister
Spencer appears regularly in the EAT. He has represented clients in a variety of cases including discrimination cases, TUPE cases and unfair dismissal cases. The following are examples of Spencer’s work in the EAT:
- Cousins v The Forum @ Greenwich 
- Boothe v Governing Body of Toynbee School 
- Edwin v Avante Partnership 
- Boeree v Dare 
- King v Health Professions Council 
- X v Mid Sussex CAB  (EAT, Court of Appeal and Supreme Court)
- Lisboa v Realpubs 
- Power v Greater Manchester Police  (EAT)
- Gill v Humanware  (EAT and Court of Appeal)