Short answer
Prepare the employment tribunal judgment, written reasons, order, pleadings, hearing notes, correspondence, proposed legal-error points, deadline information and any EAT papers before requesting a barrister quote.
Quick checklist
Start with these
Best order
How to organise the first pack
- Put the judgment, reasons and appeal deadline at the front.
- Explain the alleged legal error in short numbered points.
- Add pleadings, list of issues and key tribunal orders.
- Separate reconsideration papers from EAT appeal papers.
- State whether advice, drafting, response or advocacy is needed.
Start With The Decision And Deadline
Employment Appeal Tribunal appeals are different from ordinary tribunal preparation. The question is usually whether the employment tribunal made an error of law, acted procedurally unfairly or reached a decision that can properly be challenged.
The quote request should state the date the judgment or written reasons were sent, whether reconsideration has been requested and whether any EAT appeal, answer or sift decision has already been filed.
- Employment tribunal judgment, order and written reasons.
- ET1, ET3, list of issues, witness statements and bundle index.
- Any reconsideration application, response or tribunal correspondence.
- Draft grounds of appeal, EAT appeal form or respondent answer.
- Exact dates for judgment, reasons, reconsideration, appeal and hearing notices.
Evidence For A Legal-Error Review
A barrister will usually need to see the decision in context. A short narrative can help, but the written reasons, pleadings and key orders are more reliable than memory.
If the concern is procedural unfairness, explain what happened at the hearing and send any contemporaneous notes, applications, objections or correspondence that show the issue.
- Hearing notes, transcript request, recording or order where available.
- Applications made before or during the tribunal hearing.
- Documents showing alleged procedural unfairness or missing reasons.
- Authorities or rule references already relied on by either side.
- Costs, deposit, strike-out or case-management orders if relevant.
Scoping Direct Access Work
A focused request might ask for initial merits advice, drafting grounds of appeal, advice on responding to an appeal, representation at a preliminary EAT hearing or review of a proposed settlement position.
Some appeals require solicitor support for filing, service, transcript work, document management or ongoing litigation conduct. The barrister or chambers should assess suitability from the papers and timetable.
Avoid delays
What not to send first
- Treating the EAT as a full rehearing of disputed facts.
- Leaving out written reasons or the date they were sent.
- Assuming a quote request pauses an appeal deadline.
- Sending a long narrative without identifying the legal error.
Source/review note: checked against GOV.UK Employment Appeal Tribunal appeal guidance and HMCTS form T440 materials on 7 September 2026. EAT jurisdiction, time limits, sift procedure, reconsideration and grounds of appeal need specialist employment review before publication.
Claim and official-source ledger
- GOV.UK explains that an Employment Appeal Tribunal appeal may be made where a party thinks a legal mistake was made in an employment tribunal case.
- Appeal to the Employment Appeal Tribunal (EAT) — GOV.UK; checked .
- HMCTS form T440 guidance sets out how to appeal to the Employment Appeal Tribunal, including documents and time limits.
- How to appeal to the Employment Appeal Tribunal (T440) — GOV.UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Employment Appeal Tribunal Barrister Documents Checklist FAQs
Can a barrister help with an Employment Appeal Tribunal appeal?
A barrister may advise on whether there appears to be an arguable legal-error point, draft or review grounds of appeal, or represent at a suitable EAT hearing where Direct Access is appropriate.
Is the EAT a rehearing of the employment tribunal case?
Not usually. GOV.UK describes EAT appeals as appeals about legal mistakes, so the first enquiry should identify the legal error said to arise from the tribunal decision.
Should I include the written reasons?
Yes. The judgment, written reasons and order are usually central to deciding whether a legal-error argument can be assessed.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
