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Ibarz v University of Sheffield UKEAT/0018/15; (2015) EMPLR 044
23 June 2015
Employment Appeal Tribunal (EAT)
Anyone wishing to appeal to the EAT from a decision of an employment tribunal must pay the appropriate fees on lodging the appeal and again before any hearing. If the appeal is successful, the EAT has a discretion to order the unsuccessful respondent to the appeal to reimburse the appellant those fees. The EAT, in Goldwater v Sellafield, had held that the rules preclude any such order where the EAT fees were paid by someone other than the appellant. The EAT in this case holds that the EAT in Goldwater was wrong. The rules (specifically EAT rule 34A(2A)) do allow the EAT to order reimbursement of fees where the fees were paid by someone other than the appellant (in this case, the appellant’s trade union).