| 释义 |
Employment Appeal Tribunal
(EAT) A statutory body established to hear appeals from employment tribunals. The original composition of the EAT was a High Court judge as chairman and two or four lay members with special knowledge or experience as employers’ or employees’ representatives. From June 2013, a judge normally sits alone. The EAT can only hear appeals on questions of law, not fact. The EAT may allow or dismiss an appeal or, in certain circumstances, remit the case to the employment tribunal for a further hearing. In 2013 fees were introduced, which meant that anyone wishing to bring an appeal would be charged. However, the Supreme Court later held in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the charging of fees was unlawful, in so far as cost presented a barrier and prevented access to justice. Parties may be represented at the hearing by anyone they choose, who need not have legal qualifications. The EAT cannot enforce its own decisions; thus, for example, when an employer fails to comply with an order for compensation that the EAT upholds, a separate application must be made to the courts to enforce the order. A party may appeal to the Court of Appeal from a decision made by the EAT, but only with the leave of the EAT or the Court of Appeal. The Employment Tribunals Act 1996 sets out the jurisdiction of the EAT. The EAT does not generally order either party to pay the costs of the other, except when the appeal is frivolous, vexatious, misconceived, or improperly conducted. |