England, Wales and Scotland · Employment Appeal Tribunal
When must a respondent send an answer to an EAT appeal?
Paragraph 9.1.2 ordinarily requires the answer, including any cross-appeal, within 28 days of sealing the order allowing the appeal to proceed to a full hearing. A different EAT direction changes that timetable. Send the answer to the EAT and other parties. 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
- Ordinarily 28 days from the sealed full-hearing order, unless otherwise directed
- Trigger
- Seal date of the order allowing the appeal to progress to a full hearing, subject to the EAT’s direction
- Rule
- EAT Practice Direction 2024 and 2026, paragraphs 9.1.2–9.2.1
Tribunal decisions sent on or after March 2, 2026. Earlier decisions use the 2024 direction.
Source guide · No automated date
Read the operative directions and procedural route
Use this guide to identify the respondent’s answer timetable from the EAT order. It does not assume every appeal uses the ordinary 28-day direction.
EAT Practice Direction 2024, paragraphs 9.1.2–9.2.1What lawyers say
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Which event or direction controls?
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.
Find the sealed order allowing the appeal to progress to a full hearing.
Use its seal date for the paragraph 9.1.2 default. The date you received the notice of appeal is a different event.
Read the actual answer deadline and any later direction before applying the ordinary timetable. National security appeals require their separate provisions.
EAT Practice Direction 2024, paragraphs 9.1.2–9.2.1How should I check this timetable?
- Identify the correct procedural event.
- Read the operative order and later directions.
- Separate the ordinary timetable from any alternative route.
- Check the applicable EAT office and receipt evidence.
The default starts from the sealed full-hearing order. A fixed date or different direction in the case must be read directly, rather than inferred from notice receipt.
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.
EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4Why is there no universal computed example?
The applicable order or procedural alternative must be identified before a date can be treated as the operative timetable.
What can change the response requirement?
- Different direction
- Paragraph 9.1.2 expressly allows another EAT direction. The guide cannot determine which order remains operative.
- National security
- Paragraph 9.1.3 identifies separate provisions for national security appeals. This ordinary response guide does not resolve them.
- Late answer
- Paragraph 9.2.1 requires permission to submit an answer out of time before participation. Its application requires a draft answer and an explanatory witness statement.
- 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.
What should I check before responding?
Common questions
The response procedure
Do the ordinary 28 days run from receiving the notice of appeal?
No. Paragraph 9.1.2 identifies the seal date of the order allowing progression to a full hearing, unless otherwise directed.
Paragraph 9.1.2Must the answer respond to every statement in the notice?
Paragraph 9.1.4 requires responding to the grounds of appeal. It does not require responding to additional contentions outside those grounds.
Paragraph 9.1.4Can a late respondent participate without permission?
Paragraph 9.2.1 requires permission to submit an answer out of time. It specifies an application, draft answer and witness statement explaining the delay.
Paragraph 9.2.1Directions and receipt
Can the EAT order a different timetable?
Paragraph 1.3.5 allows a judge or registrar to vary the usual procedures for a particular appeal. Check the operative order and later directions.
EAT Practice Direction 2024, paragraph 1.3.5Does an ordinary 28-day description mean working days?
No. Paragraph 3.4.3 generally counts all days. Paragraph 3.4.4 provides a separate five-day exception.
EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4Does receipt after 4pm count that day?
Paragraph 3.4.2 treats receipt after 4pm at the relevant EAT office as arrival the next working day. Check delivery to other parties separately.
EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4The 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 |
|---|---|
| Paragraphs 9.1.2–9.1.7 | Answer timing, service and cross-appeal distinction |
| Paragraph 9.2.1 | Late-answer application and participation boundary |
| EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4 | Computation, office closure and receipt cutoff |
| EAT Practice Direction 2024, paragraph 1.3.5 | Case-specific variation of usual procedures |
| EAT Practice Direction 2026, paragraphs 9.1.2–9.2.1 (Word document) | The reviewed procedure in the 2026 edition |
| 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 |