Responding to an appeal
Responding to an appeal

The following Employment guidance 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

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 some other period is directed

  3. must address the contentions set out in the grounds of appeal, but does not have to address any additional contentions made in any text accompanying the Notice of Appeal

  4. must contain the grounds on which the respondent relies, but if the respondent intends to rely on any ground relied on by the employment tribunal it is sufficient simply to say so in the Answer

  5. must contain the grounds of any cross-appeal that the respondent wishes to pursue

  6. must show how the respondent would wish the EAT to