Direct Access Employment Barrister
Christopher Mallon BL is a direct access employment appeal barrister accepting instructions from employees and employers in appeals to the Employment Appeal Tribunal and the Court of Appeal. He advises on grounds of appeal, drafts Notices of Appeal, and represents parties at all stages of appellate proceedings.
Time limit: You must lodge your Notice of Appeal at the EAT within 42 days of the date the written reasons were sent to you. This deadline is strictly enforced.
Appellate Courts
Employment law appeals follow a two-tier structure. Christopher accepts direct access instructions at both levels.
The EAT hears appeals from Employment Tribunal decisions on points of law only. It does not rehear the facts. Christopher accepts direct access instructions to advise on grounds of appeal, draft the Notice of Appeal, and represent parties at EAT hearings in London and Edinburgh.
Further appeals from the EAT lie to the Court of Appeal (Civil Division) on points of law of wider importance. Permission to appeal is required. Christopher advises on the merits of Court of Appeal proceedings and accepts instructions to represent parties at permission and full appeal hearings.
Grounds of Appeal
An appeal to the EAT must identify a specific error of law. The most commonly argued grounds are set out below. Christopher will advise on whether your case discloses arguable grounds before any appeal is lodged.
The most common ground. Includes misapplication of a legal test, failure to apply the correct statutory provision, or a misdirection on the burden of proof.
A finding of fact so unreasonable that no reasonable tribunal properly directing itself could have reached it — a high threshold, but arguable in appropriate cases.
Includes denial of a fair hearing, apparent bias, failure to give adequate reasons, or a material procedural error that caused real injustice.
A tribunal must give sufficient reasons for its decision. Failure to explain how key findings were reached, or why evidence was accepted or rejected, may found an appeal.
Where the tribunal acted outside its jurisdiction — for example, by deciding a matter it had no power to determine, or by failing to determine a claim properly before it.
Where the conduct of the tribunal gave rise to a reasonable apprehension of bias — including pre-determination, inappropriate comments, or conflicts of interest.
How It Works
Christopher reviews the Employment Tribunal judgment, the record of proceedings, and any relevant documents to identify arguable grounds of appeal.
A written advice is provided setting out the arguable grounds, the prospects of success, and the procedural steps required — including whether permission to appeal is needed.
Christopher drafts the Notice of Appeal (Form 1 for the EAT), ensuring all grounds are clearly pleaded and the document complies with the EAT Practice Direction.
The EAT sifts appeals on the papers. If the appeal proceeds, Christopher represents you at any preliminary hearing to determine whether the appeal should proceed to a full hearing.
Christopher prepares the appeal bundle, skeleton argument, and chronology, and represents you at the full EAT or Court of Appeal hearing.
Direct Access
Appeals to the EAT and Court of Appeal are technically demanding. The pleading of grounds of appeal, the preparation of skeleton arguments, and the conduct of oral argument before appellate judges require specialist expertise that goes beyond general employment law practice.
As a direct access employment appeal barrister, Christopher can be instructed without a solicitor — giving you direct access to specialist appellate advocacy from the outset, without an intermediary layer of cost.
Frequently Asked Questions
Get in Touch
If you have received an Employment Tribunal judgment and are considering an appeal, contact Christopher as soon as possible — the 42-day time limit runs from the date the written reasons were sent to you.