When should an EAT respondent include a cross-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.

Identify whether you seek to reverse an adverse determination or uphold a favorable determination for another reason.

Read the respondent’s answer direction. Paragraph 9.1.2 includes a cross-appeal in that answer timetable.

A later order permitting the cross-appeal to proceed starts the separate reply procedure. It does not supply the original cross-appeal timetable.

1. Identify the correct procedural event.
2. Read the operative order and later directions.
3. Separate the ordinary timetable from any alternative route.
4. Check the applicable EAT office and receipt evidence.

The cross-appeal travels with the respondent’s answer. It has no separate automatic period starting from another party’s appeal notice.

Paragraph 3.4.3 generally counts all days, subject to the separate five-day exception in paragraph 3.4.4. The ordinary 28-day descriptions here do not mean 28 working days.

Paragraph 3.4.3 moves expiry when the relevant EAT office is closed to the next working day. Confirm the relevant office, any specific order and its actual 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 applicable order or procedural alternative must be identified before a date can be treated as the operative timetable.

Alternative grounds

Paragraph 9.1.6 allows alternative grounds supporting a favorable determination in the answer without a cross-appeal.

Specific allegations

Paragraphs 9.1.7–9.1.9 apply the relevant ground-drafting requirements, including separate requirements for perversity, bias or procedural impropriety.

Sift

Paragraph 9.1.12 sends the cross-appeal through the sift and equivalent procedures. Including a cross-appeal does not establish permission to proceed.

• This guide does not select a case direction, decide a procedural objection or grant permission to participate.
• It publishes no computed result or paid calculation action.

• Identify when the underlying Employment Tribunal decision was sent and select the applicable direction.
• Identify the exact adverse determination being challenged.
• Separate alternative grounds for upholding a favorable result.
• Read the operative respondent’s answer timetable.
• Draft the cross-appeal grounds under the applicable Section 3 requirements.
• State the order you want the EAT to make.
• Include the cross-appeal in the answer and preserve delivery 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.