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.
- 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)
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.
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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 6How should I check this sent-date window?
- Identify the correct notification and requesting party.
- Preserve its sent date and included orders.
- Read the applicable directions and Rule 37.
- 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 3.4.2–3.4.4Why 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.
- 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 6Can I express dissatisfaction orally?
Rule 6(16) requires dissatisfaction in writing. Annex 1 supplies the hearing application form.
EAT Rules 1993, rule 6Exclusions 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 6Does 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 6The 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)
| Provision | Purpose |
|---|---|
| EAT Rules 1993, rule 6 | Notification, written dissatisfaction, hearing direction and excluded-route order |
| EAT Rules 1993, rule 37 | Extensions by order, 4pm completion and conditional office closure |
| EAT Practice Direction 2024, Annex 1 | Application form covering Rule 3(10) and Rule 6(16) |
| EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4 | Receipt 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 direction | October 1, 2026 publication and official download |