Employment Appeal Tribunal

The Employment Appeal Tribunal (EAT) exists and derives its substantive powers from statute. It is a superior court of record and therefore of equivalent status to the High Court.

The EAT's central office is in London. Generally, hearings take place in London and Edinburgh.

The EAT has its own set of rules and also a Practice Direction (the 2023 Practice Direction [Archived] replaced the 2018 Practice Direction with effect from 30 September 2023).

Operation of the Employment Appeal Tribunal during the coronavirus (COVID-19) pandemic

The operation of the EAT was affected by the coronavirus (COVID-19) pandemic. Several announcements were made concerning how the EAT would operate during the coronavirus (COVID-19) pandemic (on 20 March 2020, 25 March 2020 (revised on 26 March 2020) and 9 April 2020) by the then President of the Employment Appeal Tribunal, Choudhury P.

In addition:

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the Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020, SI 2020/415 (the EAT Amendment Rules 2020), made a temporary amendment to Rule 29 of the EAT Rules, with effect from 10 April 2020, to specify that an EAT hearing may be conducted by means of electronic communication

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Latest Employment News

Employment Tribunals launch 18 explainer videos for unrepresented parties

President of Employment Tribunals (England & Wales), Judge Barry Clarke has announced the launch of 18 explainer videos on YouTube aimed at improving access to justice by clarifying tribunal procedures and complex employment law for unrepresented parties. The initiative also seeks to help litigants present focused claims and responses, reducing case management time. This marks the beginning of an ongoing project, with plans for additional videos in the future.

House of Commons publishes motions ahead of consideration of Employment Rights Bill on 8 December

The House of Commons on 5 December published motions relating to Lords amendments to the Employment Rights Bill (ERB), in advance of its consideration of the those amendments on 8 December (to be followed by a swift ping-pong back to the Lords, expected on 10 December).The government amendments include: guaranteed hours offers for zero hours workers—the government has offered a concession in the form of consultation on the initial reference period unfair dismissal—in addition to the reduction of the qualifying period from two years to six months (rather than its removal altogether), the government amendments would remove the unfair dismissal compensation cap entirely by omitting section 124 of the Employment Rights Act 1996 (ERA 1996)reasons for dismissal for which there is no qualifying period—the government proposes to include in the list of reasons in ERA 1996, s 108(3) dismissal for failure to disclose a spent conviction or ancillary circumstances seasonal workers—the government proposes to consult with those representing the interests of seasonal workers and their employers before making regulations contributions to political funds from union members—the government amendments provide for an opt-out notice to be given on a day specified in, or determined by, the trade union’s rules, and for the Secretary of State to publish guidance (within three months of the measures coming into force about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for these purposes industrial action balloting—the government amendments require the Secretary of State, before bringing regulations into force to have regard to the effect provision for balloting other than by post on the proportion of those eligible to vote in such ballots doing so a number of MPs have tabled an amendment that the Commons should insist on the removal of the unfair dismissal qualifying period.

Exploring the earned settlement proposals

Immigration analysis: In the Home Office’s own words, the earned settlement proposals represent ‘the biggest shake-up of the legal migration system in nearly half a century’. The publication of the Government’s White Paper, ‘Restoring control over the immigration system’, on 12 May 2025, signalled its intention to introduce a new model of ‘earned settlement’, including increasing the qualifying period from five to ten years (with potential reductions for contribution to the economy and society), but provided scant detail, deferring this to a consultation process in ‘the autumn’. The hotly anticipated policy statement and consultation document, ‘A fairer pathway to settlement’ was finally published on 20 November 2025, setting out the proposals. Arguably, the 60-page document raises more questions than it answers, with a problematic lack of definitions, omission of important details, and conflicting references. In a number of respects, it goes much further than may have been foreseen from the initial indications of the White Paper. So what will it all mean for migrants and employers in the UK—and how can advisors help support them through these times of great uncertainty and seismic change? This article examines the main proposals, the key questions, and the practical implications. Written by Sophie Barrett-Brown, Senior Partner and Head of UK practice, Laura Devine Immigration.