When must an appellant reply to an EAT 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.

Confirm that the cross-appeal passed the sift and locate the sealed order permitting it to proceed.

Use that cross-appeal order’s seal date for the ordinary reply timetable.

Read any different reply direction. Do not substitute the date of the original appeal’s full-hearing order or the date you received the respondent’s answer.

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 permission order controls the default reply trigger. The answer’s seal date can govern a separate new-point objection, so preserve both records.

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.

Different direction

Paragraph 10.1 allows another reply direction. Check the operative order before relying on its ordinary 28-day description.

Reply requirements

Paragraph 10.2 applies the Section 9 provisions and directs delivery to the EAT by a Section 3.14 method.

Missing reply

Paragraph 10.3 prevents participation in the cross-appeal without permission for a late reply or the EAT dispensing with that requirement.

• 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.
• Preserve the order permitting the cross-appeal to proceed.
• Record its seal date separately from the original appeal order.
• Check any different reply timetable.
• Answer the permitted cross-appeal grounds under the applicable response provisions.
• Check the EAT delivery method and receipt cutoff.
• If late, review the need for permission or dispensation before assuming participation.
• 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.