Can I appeal if my claim is struck out?

You may be able to appeal — but only on limited legal grounds, within strict timescales. Here's how to pursue an appeal effectively as a litigant in person.

Deciding whether you can appeal

You can only appeal a strike-out decision on a point of law — for example, if the tribunal applied Rule 38 incorrectly or misunderstood your claim. You cannot appeal just because you disagree with their judgment or feel it was unfair.

Appeal Time Limits

You must submit your appeal within 42 days of receiving the written tribunal decision. Missing this deadline means losing the right to appeal.

First Step: reconsideration?

Before appealing, consider requesting a tribunal reconsideration—but only for clear mistakes in fact or procedural issues (e.g., missed evidence). This must be requested in compliance with rules 68-71 of the Employment Tribunal Procedure Rules 2024, and must be within 14 days of the judgment.

Obtain written reasons

It will help if you have detailed written reasons from the tribunal before appealing. If they didn't supply them, ask the tribunal for them immediately.

File an Appellant's Notice

Use the correct form and make sure you file all the required documents with your appeal. The appeal will be heard by the Employment Appeal Tribunal, so you will need to lodge the appeal with them and not the Employment Tribunal that heard your claim.