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England, Wales and Scotland · Employment Appeal Tribunal

When must I request a Rule 6(16) hearing on an EAT cross-appeal?

A respondent or special advocate seeking a Rule 6(16) hearing must express dissatisfaction in writing within 28 days of the date the Rule 6(12) notification was sent. A Rule 6(12A) order included in that notification can exclude this route. Annex 1 provides the hearing application form. 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.

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Read why no date is calculated
Period
Within 28 days of the notification’s sent date
Trigger
Date the Rule 6(12) notification was sent
Rule
EAT Rules 1993, rule 6(16), subject to rule 6(12A)
Employment Appeal Tribunal Rules 1993 (SI 1993/2854)

Revised official text retrieved October 4, 2026

Source guide · No automated date

Check the Rule 6(16) request and exclusion

This guide explains the written request and sent-date trigger. The counting model and independent date fixtures remain under review, so it supplies no computed date or paid calculation record.

EAT Rules 1993, rule 6

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Which notification starts this request?

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.

Use this guide for challenging the reasons in a Rule 6(12) notification concerning grounds of cross-appeal. It is a separate question from the appellant’s Rule 3(10) request.

Preserve the Rule 6(12) notification and the date it was sent. The receipt date, date you read it and later hearing date do not replace that statutory event.

Read any order under Rule 6(12A) included in the notification before assuming this hearing route is available.

EAT Rules 1993, rule 6

How should I check this sent-date window?

  1. Identify the correct notification and requesting party.
  2. Preserve its sent date and included orders.
  3. Read the applicable directions and Rule 37.
  4. Deliver the complete written request and preserve receipt evidence.

Identify the notification’s sent date, rather than the date you received or read it. Check paragraphs 3.4.2–3.4.4 and the actual directions. This guide supplies no calculated final date.

Rule 37(2) addresses an act that cannot be completed because the relevant EAT office is closed. That condition must be checked. It is not an unconditional extension for every later day.

Rule 37(1A) requires the act to be completed by 4pm on the relevant day. Paragraph 3.4.2 requires complete documents to reach the EAT or relevant party by 4pm where a service date is given. Later receipt counts as service on the next working day.

EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4

Why is there no automatic hearing-request date?

The EAT counting model and independent date fixtures remain under review. The written request also requires checking an included exclusion order.

What changes or excludes this hearing request?

Totally-without-merit order
Rule 6(12A) permits an order excluding the Rule 6(16) hearing route, included in the Rule 6(12) notification. Read the actual notification and any included order.
Extension requires an order
Rule 37(1) permits the Tribunal to extend or alter time by order. That power does not establish that an extension has been granted.
Purpose of the hearing
The hearing decides whether further action should be taken on the statement of grounds of cross-appeal. It does not guarantee that those grounds proceed.
EAT Rules 1993, rule 6
  • This guide does not overturn a totally-without-merit order.
  • It does not decide whether the appeal or cross-appeal has a sufficient legal basis.

What should the written request address?

Common questions

Notification and written request

Does the 28-day window start when I receive the notification?

No. Rule 6(16) uses the date the notification was sent. Preserve the notification and evidence of that date.

EAT Rules 1993, rule 6

Can I express dissatisfaction orally?

Rule 6(16) requires dissatisfaction in writing. Annex 1 supplies the hearing application form.

EAT Rules 1993, rule 6

Exclusions and hearing outcome

Does every unsuccessful sift decision give a right to this hearing?

No. Check whether the notification includes an order under Rule 6(12A) excluding the hearing route.

EAT Rules 1993, rule 6

Does a hearing request guarantee that the grounds will proceed?

The hearing decides whether further action should be taken on the statement of grounds of cross-appeal. It does not guarantee that those grounds proceed.

EAT Rules 1993, rule 6

The 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 (7)
Provisions used in this guide
ProvisionPurpose
EAT Rules 1993, rule 6Notification, written dissatisfaction, hearing direction and excluded-route order
EAT Rules 1993, rule 37Extensions by order, 4pm completion and conditional office closure
EAT Practice Direction 2024, Annex 1Application form covering Rule 3(10) and Rule 6(16)
EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4Receipt and computation requirements
EAT Practice Direction 2026, Annex 1 (Word document)The hearing application form in the 2026 direction
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 directionOctober 1, 2026 publication and official download
Read the official EAT Rules

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