Urgent: Employment Tribunal judgment and lodging an appeal questions

[Beagleleez]

Hi

I won unfair dismissal claim but lost sex discrimination claim. Wondering if someone could help me....

1. if I lodge an appeal would there be a chance that the unfair dismisal judgement is reconsidered and I might lose unfair dismissal and sex discrimination element in appeal decision?

2. Can I lodge an appeal for just the sex discrimination element?

3.How long does an appeal process last for i.e. if successful submitting appeal would it take 6 months, 1 year to be heard?

4. If anyone has experience or advice is it worth going through the appeal or not?

Thanks

[mariefab]

Re: Urgent: Employment Tribunal judgment and lodging an appeal questions

1. Yes, the Respondent could raise a cross appeal on the unfair dismissal.

2. Yes.

3. It can take years.

4. If you can show that the Tribunal misapplied the law, or reached a decision that was perverse given the information that was presented at the original hearing, it may be worth appealing.

[Beagleleez]

Re: Urgent: Employment Tribunal judgment and lodging an appeal questions

Thanks marie fab with your help.

Just one more question, if i dont appeal and the respondant raises appeal about claim (X) they had lost on and I then cross appeal, can I cross appeal ie defend on the claim (X) they are appealing against and raise appeal on the claim (Y) I lost on.

Thanks

[mariefab]

Re: Urgent: Employment Tribunal judgment and lodging an appeal questions

The way to look at appeals is that your argument is no longer with the Respondent but with the original Tribunal.
The Appeal Tribunal will not re-hear the case or hear new evidence. They will look at the original Tribunal decision to see whether they correctly applied the law and/or arrived at a potentially reasonable decision.

If the Respondent appeals the unfair dismissal decision you could (a) defend it yourself or (b) just state that you rely on the reasoning of the original Tribunal.
If the Tribunal's written reasons make it clear why you won, which will often be because they felt that your version of events was more likely/believable, (b) would be the best option.

If they appeal the unfair dismissal decision you could cross appeal the sex discrimination decision. But you should only do so if you can show that the Tribunal failed to correctly apply the law or (going by the information before them at the original hearing) their decision was one that no reasonable Tribunal should have made.