A recent case serves as a reminder that you cannot appeal to the Employment Appeal Tribunal (‘EAT’) against a decision of an Employment Tribunal, unless it is on a point of law only. The EAT will not hear an appeal which relates to a disputed fact in a case.
In this case, an employee who had brought a sex discrimination claim against her employers, alleging that they had not offered her a new post because some members of the interview panel knew she was pregnant. The Employment Tribunal, faced with conflicting evidence, had ruled in her employer’s favour and dismissed the sex discrimination claim. The employee appealed but the EAT said no point of law was involved; the ruling by the Employment Tribunal was based on the question of whether any of the interview panel members knew that she was pregnant and this was simply a matter of fact for decision by the Employment Tribunal.