Responding to an appeal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Responding to an appeal
  • Respondent's Answer
  • Respondent's Answer containing a cross-appeal
  • Extension of time for submitting a Respondent's Answer and/or cross-appeal
  • Respondent's Answer requiring specific additional content or accompanying application
  • Appellant’s Reply

Responding to an appeal

Coronavirus (COVID-19): The Employment Appeal Tribunal will begin to conduct a limited number of appeal hearings via telephone, Skype or other internet-based platform from Thursday 16 April 2020, following an announcement dated 9 April 2020 by the President of the EAT (no hearings, including telephone or Skype hearings, were conducted in the period between Wednesday, 25 March 2020 until Wednesday 15 April 2020). For full information regarding the operation of the EAT during the coronavirus (COVID-19) pandemic, see Practice Note: Operation of the Employment Appeal Tribunal during the coronavirus (COVID-19) pandemic.

The EAT will send to all parties who are respondents to the appeal:

  1. the Notice of Appeal, with any amendments which have been permitted

  2. any submissions or skeleton argument lodged by the appellant

Within 28 days of the seal date of the order, unless some other period is directed, each respondent to the appeal must present a respondent's Answer, including any cross-appeal if one is to be pursued, to the EAT and serve a copy on the other parties.

See Precedent: Response—to notice of appeal from employment tribunal.

Respondent's Answer

The respondent's Answer:

  1. must be in, or substantially in, accordance with Form 3 in the Schedule to the Employment Appeal Tribunal Rules 1993

  2. must be presented and served within 28 days of the seal date of the EAT's order, unless

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