England and Wales · Court of Appeal and Supreme Court
When must permission be sought after a qualifying EAT sift decision?
CPR 52.11 requires a permission application within 7 days after service of an EAT rule 3(7) notice with a rule 3(7ZA) order, or after the qualifying rule 3(10) direction. These are two different operative events.
- Period
- 7 calendar days after the established operative event
- Trigger
- Service of the notice under rule 3(7) of the Employment Appeal Tribunal Rules 1993, or the direction made under rule 3(10) of those Rules
- Rule
- CPR 52.11
CPR 52.11 and its official supporting provisions were retained on October 8, 2026. This review concerns when must permission be sought after a qualifying eat sift decision, not an earlier rule edition or a different appeal route.
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When must permission be sought after a qualifying EAT sift decision?
CPR 52.11 requires a permission application within 7 days after service of an EAT rule 3(7) notice with a rule 3(7ZA) order, or after the qualifying rule 3(10) direction. These are two different operative events.
Responsible actor. EAT appellant.
This is a later Court of Appeal permission step after an EAT sift outcome. The initial EAT appeal and its rule 3(10) request use different procedures.
Rule 52.11(1)(a) also requires an order made under EAT rule 3(7ZA).
This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order.
CPR 52.11How does this provision count time?
- CPR 52.11 requires a permission application within 7 days after service of an EAT rule 3(7) notice with a rule 3(7ZA) order, or after the qualifying rule 3(10) direction. These are two different operative events.
- Effective service of the qualifying rule 3(7) notice starts the period under 52.11(2)(a).
- For the notice branch, establish effective service. For the direction branch, establish when the qualifying direction was made. Apply to the Court of Appeal.
For CPR 52.11, exclude the established starting day and count the next 7 calendar days. CPR 2.8(3)(b) does not exclude an additional fixed compliance day. This is the ordinary fixed-after branch, not a minimum interval between two specified events.
The CPR 52.11 court-office filing act can use CPR 2.8(5) when its fixed endpoint is closed. Check the actual office, any exceptional closure and the order. This does not extend a separate service act.
CPR 52.11What do independently checked examples show?
Fictitious example
The qualifying EAT rule 3(7) notice is effectively served on October 08 and a rule 3(7ZA) order exists. This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The qualifying EAT rule 3(7) notice is effectively served on October 08 and a rule 3(7ZA) order exists. This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The qualifying EAT rule 3(7) notice is effectively served on October 17 and a rule 3(7ZA) order exists. For this calendar counterexample the case and event branch are otherwise established. This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order. Ordinary England/Wales weekend or August 31 bank holiday. No exceptional court-office closure or contrary direction. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The qualifying EAT rule 3(10) no-further-action direction is made on Monday, August 24, 2026. This branch uses the direction date, not later delivery of its written record. This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order. This example establishes the stated operative branch independently of the calendar arithmetic. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Tuesday, September 1, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Established procedural branch
- This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order.
- Required completion
- For the notice branch, establish effective service. For the direction branch, establish when the qualifying direction was made. Apply to the Court of Appeal.
- Related procedure distinction
- This is a later Court of Appeal permission step after an EAT sift outcome. The initial EAT appeal and its rule 3(10) request use different procedures.
- This route requires the specified EAT no-further-action procedure. A rule 3(7) notice alone does not establish the required accompanying 3(7ZA) order.
- This is a later Court of Appeal permission step after an EAT sift outcome. The initial EAT appeal and its rule 3(10) request use different procedures.
What must the responsible actor complete?
Questions about this procedure
When must permission be sought after a qualifying EAT sift decision?
Does every EAT rule 3(7) notice trigger this route?
Rule 52.11(1)(a) also requires an order made under EAT rule 3(7ZA).
CPR 52.11What starts time in the rule 3(7) branch?
Effective service of the qualifying rule 3(7) notice starts the period under 52.11(2)(a).
CPR 52.11What starts time in the rule 3(10) branch?
The date of the qualifying direction that no further action be taken starts the period under 52.11(2)(b).
CPR 52.11Can the Court of Appeal restore progress in the EAT?
Rule 52.11(3) permits the specified notice or direction to be made ineffective so the EAT appeal can proceed.
CPR 52.11Is this the original EAT notice-of-appeal deadline?
No. This seven-day clock concerns the later qualifying sift notice or direction.
CPR 52.11Does the applicant receive 21 days under the ordinary appeal rule?
Rule 52.12 makes the ordinary period subject to this special 52.11 provision.
CPR 52.11Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 52.11 | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8, calculation of time | Check the identified procedure, event, counting rule or qualification |
| CPR 52.15, variation of time | Check the identified procedure, event, counting rule or qualification |