A new Employment Appeal Tribunal (EAT) Practice Direction 2023 has been issued by the President of the EAT, the Honourable Mrs Justice Jennifer Eady DBE, providing guidance on the practice and procedure governing appeals to the EAT. In addition, this new Practice Direction contains two new forms for (i) applying for a Rule 3(10) or Rule 6(16) Hearing, and (ii) applying for an EAT direction or order. It comes into force on 30 September 2023 alongside the amendments made to the EAT Rules by the Employment Appeal Tribunal (Amendment) Rules 2023, SI 2023/967.
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In McMahon v AXA ICAS [2025] EAT 8, the EAT faced a number of issues on appeal around the payment due from a deduction of wages as well as a disability discrimination claim which was struck out by the employment tribunal. The respondent also cross-appealed a decision on deduction of wages, arguing that there was… >>
Where a claimant has failed to comply with the early conciliation (EC) requirement but the employment tribunal did not reject the claim under either Rule 10 or 12 of the ET Rules 2013 (now Rules 12 or 13 of the ET Rules 2024), the tribunal should not reject the claim at a later stage, eg… >>
In East Lancashire NHS Trust v Akram [2025] EAT 2, the EAT followed the approach set out by the Supreme Court in Chief Constable of the Police Service of Northern Ireland v Agnew [2024] IRLR 56 on how to calculate a day’s pay for holiday pay purposes. It explained that: • a person should receive… >>