When should I apply for review of an EAT order?

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 precise EAT order and its date.

Separate that date from receipt and from any seal date used by another procedure.

Identify the proposed review ground before preparing the application. Check whether the decision instead requires a Registrar appeal, onward appeal or Rule 3(10) request.

1. Identify the exact request and relevant order.
2. Use its date or seal date as specified for that procedure.
3. Read any later direction.
4. Preserve the relevant EAT office’s receipt evidence.

Paragraph 3.4.3 generally counts all days. The separate five-day exception in paragraph 3.4.4 does not turn these 14-day descriptions into working-day periods.

Paragraph 3.4.3 addresses expiry when the relevant EAT office is closed. Check any actual case direction and the relevant office’s availability.

Paragraph 3.4.2 requires the complete document to reach the EAT or relevant party by 4pm when a service date is given. Receipt after 4pm counts as service on the next working day. Preserve each required receipt.

The correct request and order must be identified. Calculation adapters and independent date fixtures remain under review.

Review grounds

Paragraph 8.6.1 identifies an order wrongly made through EAT or staff error, lack of proper notice of the proceedings, or the interests of justice.

Reargument

Paragraph 8.6.2 says review is unlikely for merely rearguing the matter or relying on arguments or material available before the original order. Explain any material change of circumstances.

Rule 3(7) letter

Paragraph 4.4.2 requires using the Rule 3(10) process for dissatisfaction with a Rule 3(7) letter, subject to its totally-without-merit exclusion. Do not replace it with a Rule 33 review request.

Review without an application

Paragraph 8.6.4 permits the EAT to review an order without a party applying. That power does not make a party’s application unnecessary or guaranteed to succeed.

Extension by order

Rule 37(1) permits extending or altering time by Tribunal order. It does not automatically extend the rule 33(2) application window.

• This source guide does not decide whether the substantive application should succeed.
• It supplies no computed date or paid calculation action.

• Identify when the underlying Employment Tribunal decision was sent and select the applicable direction.
• Preserve the EAT order and identify its actual date.
• Identify the specific error, notice problem or interests-of-justice ground.
• Explain any material change of circumstances and why earlier material could not have been raised.
• Check that review is the correct procedure for this decision.
• Use the Section 7 process and Annex 2 application form.
• Send the EAT the application by a Section 3.14 method and send copies to every party or potential party under paragraph 7.3.3.
• Read any case direction and preserve receipt evidence.
• Paragraph 3.4.2 requires the complete document to reach the EAT or relevant party by 4pm when a service date is given. Receipt after 4pm counts as service on the next working day. Preserve each required receipt.