England, Wales and Scotland · Employment Appeal Tribunal
How soon must I appeal from an EAT Registrar’s decision?
An appeal from a Registrar’s decision has a short five-day window, with the excluded days identified in EAT Practice Direction paragraph 3.4.4. Rule 21(2) refers to the decision appealed from. Paragraph 7.13.3 instead refers to the date the decision was sent to the parties. If those dates differ, this guide does not choose a substitute trigger or calculate a date. The 2026 direction applies where the underlying Employment Tribunal decision was sent to the parties on or after March 2, 2026. The 2024 direction still applies where it was sent before that date. The hearing date and appeal filing date do not select the edition.
- Period
- Five days, excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays under paragraph 3.4.4
- Trigger
- Rule 21(2) refers to the decision date; Practice Direction paragraph 7.13.3 refers to the date sent to the parties
- Rule
- EAT Rules 1993, rule 21(2); EAT Practice Direction 2024 and 2026, paragraphs 3.4.4 and 7.13.3
Revised official text retrieved October 4, 2026
Source guide · No automated date
Preserve both Registrar dates and check the appeal route
Rule 21 and the Practice Direction describe the triggering event differently. A single entered date would conceal that distinction. This guide publishes no computed result or paid calculation record.
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Which Registrar dates must I preserve?
The 2026 direction applies where the underlying Employment Tribunal decision was sent to the parties on or after March 2, 2026. The 2024 direction still applies where it was sent before that date. The hearing date and appeal filing date do not select the edition.
Identify the decision being challenged and preserve its date, the date it was sent to the parties and evidence of those events.
Rule 21(2) uses the decision appealed from. Practice Direction paragraph 7.13.3 uses the date when that decision was sent to the parties. This guide does not resolve differing dates by selecting whichever gives more time.
Check the actual decision and directions promptly. Do not treat the date you happened to read the decision as either identified trigger.
EAT Practice Direction 2024, paragraph 7.13.3Which days are excluded from this five-day limit?
- Identify the Registrar decision and both triggering events.
- Read the specific five-day provision rather than the ordinary longer-period method.
- Exclude the days listed in paragraph 3.4.4.
- Confirm the relevant EAT office, directions and 4pm completion boundary.
Paragraph 3.4.4 excludes Saturdays, Sundays, Christmas Day, Good Friday and bank holidays.
The direction’s Wednesday-to-Wednesday illustration is a counting example. It does not settle a case where the decision and sent dates differ.
Rule 37(2) separately addresses office closure that prevents completing the act. Do not assume an automatic extension from a later hearing date.
EAT Practice Direction 2024, paragraph 3.4.4Why is there no computed ARO date?
The decision-date and sent-date descriptions must be reconciled against the actual case. This page does not infer that they are the same.
What limits this Registrar appeal procedure?
- Registrar application decision
- Rule 21(1) addresses an aggrieved party challenging an application disposed of by the Registrar under rule 20(2).
- Judge’s decision
- Paragraphs 7.13.4–7.13.5 distinguish an EAT judge’s decision. A party cannot simply ask another EAT judge to decide the same matter again.
- Paper determination or hearing
- Paragraph 7.14.1 permits either determination on the papers or an ARO hearing. Hearing preparation windows require an actual fixed hearing.
- Extension by order
- Rule 37(1) permits the Tribunal to extend or alter time by order. The power does not establish that an extension has been granted.
- This source guide does not choose between different triggering event dates.
- It does not create a date result, grant an extension or sell a calculation record.
What should I check before giving notice?
Common questions
The notice and trigger
Does rule 21 require written notice only?
Rule 21(2) permits notice orally or in writing. Practice Direction paragraph 7.13.3 also specifies the Section 7 process and Annex 2 form. Read the operative directions.
EAT Rules 1993, rule 21(2)Does this page choose the later date if the decision and sent dates differ?
No. Rule 21(2) refers to the decision appealed from, while paragraph 7.13.3 refers to the date sent to the parties. The source guide preserves that discrepancy and supplies no automatic date.
EAT Practice Direction 2024, paragraph 7.13.3Does every Registrar appeal require a hearing?
No. Paragraph 7.14.1 permits a determination on the papers or an ARO hearing. Use hearing preparation windows only where a hearing is actually fixed.
Paragraph 7.14.1The applicable direction
Which EAT Practice Direction applies to my appeal?
The 2026 direction applies where the underlying Employment Tribunal decision was sent to the parties on or after March 2, 2026. The 2024 direction still applies where it was sent before that date. The hearing date and appeal filing date do not select the edition.
EAT Practice Direction 2026, paragraphs 1.2.1–1.2.2 (Word document)Official sources and scope
Provisions used (9)
| Provision | Purpose |
|---|---|
| EAT Rules 1993, rule 21 | Registrar appeal, notice methods and decision wording |
| EAT Rules 1993, rule 37 | Extension orders, 4pm completion and office closure |
| EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4 | Receipt boundary, closure and excluded days |
| Paragraphs 7.3.1–7.3.3 | Application form, evidence and copies |
| Paragraphs 7.13.3–7.13.5 | Sent-date wording and the separate judge-decision route |
| Paragraphs 7.14.1–7.14.2 | Paper determination, hearing and attendance |
| EAT Rules 1993, rule 21(2); EAT Practice Direction 2026, paragraphs 3.4.4 and 7.13.3 (Word document) | The reviewed procedure in the 2026 edition |
| EAT Practice Direction 2026, paragraphs 1.2.1–1.2.2 (Word document) | Decision-date scope and continued application of the 2024 direction |
| Official publication of the 2026 direction | October 1, 2026 publication and official download |