Appeals may be lodged before written reasons have been received (Elhalabi v Avis Budget UK)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• What did the EAT decide?
• Case details

Article summary

Employment analysis: In cases where an appeal to the Employment Appeal Tribunal (EAT) against an employment tribunal decision is otherwise properly instituted, ahead of receipt of the tribunal’s written reasons, and there is a clear explanation, supported by evidence, that a timely request for those reasons has been made, the usual practice of the EAT is to treat the appeal as properly instituted at that point. However, the EAT will also take the approach that a copy of the written reasons, once received, needs to be provided to the EAT before consideration is given to the next appropriate step. That is in principle, the right approach, in such clear cases, so as to further the expeditious and economical disposal of such appeals, and in accordance with the interests of justice to both parties and the overriding objective, according to the EAT.