Guidance confirms EAT’s strong preference for lodging appeals on the E-Filing service

The preferred method for lodging an appeal is by the Employment Appeal Tribunal’s (EAT’s) electronic filing system (E-Filing service), unless there is a good reason not to, such as inability to access a computer, in which case the appeal may still be lodged by email or post, according to the latest updated version of the HMCTS information leaflet ‘I want to appeal to the Employment Appeal Tribunal’—T440.

 What are the practical implications of this development?

Parties should note that using the EAT’s E-Filing service, CE-File, which was introduced in July this year, is not just one potential option of equal options to lodge an appeal but is now very much the EAT’s preferred method and indeed the expected method to be used unless there is a good reason why its use is not possible, e.g., if the party is unable to use a computer, which is very unlikely to apply in the case of a represented party.

Parties should familiarise themselves with the E-Filing service if they have not already done so and use it wherever possible.

The revised text to the T440 information leaflet also highlights that parties should not include unnecessary documents when lodging an appeal, for example they should not include a copy of the bundle used before the employment tribunal.

It is worth noting that the Practice Direction on EAT procedure does not yet include any guidance on using the E-Filing service. It seems highly likely that any future update to the Practice Direction will reflect the EAT’s current preferred practice in respect of appeals being lodged by use of the E-Filing service.

What is the relevant background?

An online system of electronic filing, in the form of CE-File, was introduced for the EAT from 12 July 2021, as part of HMCTS’s rolling basis implementation of ‘e-filing’ in a number of Royal Courts of Justice and Upper Tribunals that began in 2019.

A guidance note on the CE-File system from the President of the EAT, published on 13 July 2021, provides the following guidance:

• CE-File is the online system for filing documents electronically at the EAT. It enables parties to lodge their appeals with the EAT, upload documents and access all their appeals. CE-File also provides a further permitted method for sending documents to the EAT
• CE-File is operational at the EAT from 12 July 2021
• appeals commenced both before and after 12 July 2021 will be assigned a CE-File reference number (in the format ‘EA-2021–000111–XY’ in England and ‘EA-2021–SCO–000111–XY’ in Scotland). These reference numbers can be used to access and track existing appeals on CE-File
• users of CE-File should continue to send a copy of any document they upload to CE-File to the other party by post, email or by hand because it should not be assumed that any document uploaded to CE-File (except the Notice of Appeal) will be sent by the EAT to the other party
• while the use of CE-File is not yet compulsory, all parties, whether represented or not, are strongly encouraged to use CE-File if possible. CE-File is the EAT’s preferred method for receiving documents. Professional representatives should note that they are likely to be required to use CE-File to commence new cases or deliver documents to the EAT from a future date to be determined
• where CE-File is not used, the EAT will continue to accept documents by post, email or by hand
• EAT Practice Direction 2018 (as amended) continues to apply in all other respects—see: Practice Direction (Employment Appeal Tribunal—Procedure) 2018

The EAT President’s guidance note also sets out guidance for users on registering for and using CE-File:

• to use CE-File, you must first register as an E-Filer. This will allow you to file documents electronically. To register as an E-Filer you must take the following five steps:
  • access the CE-File website
  • register for an account or log on to an existing account by following the ‘Register as an E-Filer’ link at the bottom of the landing page
  • enter details of a new case or use the details of an existing case
  • select ‘Employment Appeal Tribunal’ from the ‘Courts’ menu and then select whether this is a filing for a ’New Case’ or an ’Existing Case’
  • upload the appropriate document; explain what is being filed and upload the claim form or documents in Microsoft Word or PDF format
• once you have registered as an E-Filer and have successfully lodged a new appeal, a CE-File reference number will be created and you will be notified of it in CE-File and via email. In CE-File, this reference number will appear on the CE-File screen
• the maximum capacity for uploading a single document to CE-File is 50MB. If a document is too large, please send it in sections and make a note in the comments box. (Please note that if sending documents by email, the 10MB limit for email attachments continues to apply)

The EAT President guidance note also links to a number of helpful videos:

• CE-File EAT training
• An introduction to CE-File
• Setting up a CE-File account

Registered users are able to access CE-File at any time, 24 hours a day, and from any location, excluding any pre-planned maintenance periods.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.