Employment Appeal Tribunal (EAT)
Psychiatric Expert Witness Reports
Specialist psychiatric evidence for the Employment Appeal Tribunal. Our consultant psychiatrists provide expert assessments regarding disability status, psychiatric injury, and the impact of mental health on workplace proceedings for solicitors representing appellants and respondents in the EAT.
About Employment Appeal Tribunal Proceedings
The Employment Appeal Tribunal (EAT) is a superior court of record that hears appeals from decisions made by Employment Tribunals in England, Wales, and Scotland. Unlike first-tier tribunals, the EAT focuses primarily on points of law, though psychiatric evidence remains vital when appeals concern the correct application of the Equality Act 2010 or the assessment of psychiatric injury.
Disability Discrimination
- Equality Act 2010 appeals
- Definition of disability
- Reasonable adjustments
- Discrimination arising from disability
Psychiatric Injury
- Causation and apportionment
- Vento band assessments
- Harassment and bullying impact
- Occupational stress claims
Procedural Capacity
- Litigation capacity in appeals
- Rule 21 (EAT Rules)
- Vulnerable appellant support
- Time limit extensions
Employment Appeal Tribunal
- Judge and lay members (usually)
- Decides points of law
- Can remit cases back to ET
- Superior court status
Employment Tribunal
- Employment Judge and members
- Decides facts and law
- Initial hearing of claims
- First-tier tribunal status
When EAT Psychiatric Evidence Is Required
Psychiatric expert evidence is frequently instructed in EAT proceedings for the following purposes:
Disability Status Appeals
Assessing whether the original tribunal correctly applied the Equality Act definition of disability regarding mental impairment and its long-term effects.
Psychiatric Injury Causation
Expert opinion on whether a psychiatric disorder was caused by workplace discrimination or harassment, essential for remedy appeals.
Occupational Stress
Evaluation of workplace stressors versus pre-existing vulnerability in complex appeals involving stress-related mental illness.
Extension of Time Limits
Psychiatric evidence to support an application for an extension of time, demonstrating how mental ill-health prevented a timely appeal.
Litigation Capacity
Assessing an appellant’s capacity to conduct their own appeal or provide meaningful instructions to their legal representatives.
Vulnerable Appellants
Assessing the need for special measures or adjustments within EAT proceedings to ensure a fair hearing for those with mental disorders.
Types of EAT Psychiatric Reports
Disability Status Report
Purpose: Determine if an appellant meets the Equality Act 2010 definition of disability.
Key Questions: Mental impairment? Substantial adverse effect? Long-term? Day-to-day activities?
Legal Focus: Correct application of the ‘substantial’ and ‘long-term’ thresholds.
Causation & Remedy Report
Purpose: Inform remedy appeals with psychiatric context regarding injury to feelings and health.
Contents: Diagnosis, causation chain, Vento banding, prognosis, and treatment needs.
Focus: Apportionment between workplace acts and pre-existing conditions.
Rule 21 Capacity Review
Purpose: Assess litigation capacity where an appellant’s ability to conduct an appeal is in doubt.
Requirements: Mental Capacity Act 2005 principles applied to the specific complexities of the EAT.
Our Role: Clinical interview, capacity determination, and litigation friend recommendations.
Occupational Health Review
Purpose: Critique of previous OH evidence or ET findings on medical capability.
Covers: Fitness for work, reasonable adjustments, and clinical prognosis.
Outcome: Expert opinion on whether medical findings were legally sound.
Need a different report?
Contact Triage TeamKey Psychiatric Issues in EAT Appeals
| Issue | Description |
|---|---|
| Disability Status | Whether the ET correctly identified the appellant as ‘disabled’ |
| Reasonable Adjustments | Whether adjustments proposed were medically appropriate |
| Causation (Remedy) | The link between discrimination and psychiatric injury |
| Litigation Capacity | The appellant’s fitness to conduct appeal proceedings |
Which Expert for EAT?
Occupational Psychiatrist
Best for workplace disputes
- Disability status evaluations
- Reasonable adjustments
- Workplace stress causation
Why: Specialist training in the intersection of clinical psychiatry and employment law.
Forensic Psychiatrist
For complex litigation
- Rule 21 capacity assessments
- Severe psychiatric injury
- Apportionment in complex trauma
Why: Experienced in high-stakes litigation and capacity determinations.
Clinical Psychologist
For cognitive/testing
- Neurodiversity assessments
- IQ and cognitive functioning
- Psychometric injury testing
Why: Provides objective data to support psychiatric findings.
Our Process
Urgent Instruction
Contact us with case details — we understand deadlines
Expert Match
We identify available Section 12 approved psychiatrist
Rapid Assessment
Face-to-face or video assessment (often within days)
Report Delivered
Written report provided to meet court deadline
Court Attendance
Expert available for oral evidence if required
Hospital Liaison
For S.37 cases, we assist with bed finding
Turnaround Times
| Report Type | Standard | Urgent |
|---|---|---|
| Disability Status | 3–4 weeks | 5–10 days |
| Causation/Remedy | 4–6 weeks | 7–14 days |
| Rule 21 Capacity | N/A | Same week |
| Time Limit Extension | N/A | 48–72 hrs |
Funding Options
Legal Aid (LAA)
LAA rates accepted. Prior authority support.
Private Funding
Competitive fixed fees & deferred payment.
Court Ordered
Direct court billing available.
Legal Framework
All reports comply with relevant EAT Practice Directions and Civil Procedure Rules Part 35, addressing the specific questions of law and fact required by the Tribunal.
Frequently Asked Questions
Can new psychiatric evidence be introduced at the EAT?
Generally, the EAT only considers evidence that was before the original Employment Tribunal. However, new evidence can be admitted in exceptional circumstances (the ‘Ladd v Marshall’ criteria), or when the evidence relates to a procedural issue like litigation capacity or an extension of time limits.
How does an expert assess ‘disability’ for an EAT appeal?
The psychiatrist evaluates the appellant against the Equality Act 2010 criteria: the presence of a mental impairment, and whether that impairment has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities. We specifically address the ‘substantial’ threshold which is often the point of legal contention.
What is a Rule 21 capacity assessment in the EAT?
Rule 21 of the EAT Rules allows the Tribunal to appoint a litigation friend for a person who lacks capacity. A psychiatrist is instructed to assess whether the appellant has the mental capacity to conduct the appeal proceedings, applying the test set out in the Mental Capacity Act 2005.
Can you provide a report to support a ‘Time Limit’ extension?
Yes. If an appellant missed the 42-day appeal deadline due to mental ill-health, we can provide a retrospective assessment of their mental state during that period to explain why it was not ‘just and equitable’ or ‘reasonably practicable’ to file on time.
Do you assess the ‘Vento’ bands for psychiatric injury?
Yes. Our experts provide clinical evidence that helps the Tribunal or legal teams determine which Vento band (Lower, Middle, or Upper) is appropriate for an award of injury to feelings, based on the severity and duration of the psychiatric symptoms.
Is a video assessment sufficient for an EAT report?
Video assessments are common and generally accepted for employment matters. However, for complex capacity assessments or where a detailed physical observation of mental state is required, a face-to-face assessment may be recommended by the expert.
What documents do you need for an EAT instruction?
We typically require the ET Judgment, the Grounds of Appeal, relevant medical/GP records, any previous Occupational Health reports, and the witness statements from the original hearing. A clear list of questions for the expert is also essential.
Do your experts attend the EAT in person?
As the EAT usually deals with points of law, oral evidence from experts is rare. However, we are fully prepared to attend if the Tribunal directs an evidentiary hearing or if the case is remitted back to the ET for a fresh hearing of the facts.
Need a Psychiatric Report for the EAT?
Expert evidence on disability status, injury causation, and litigation capacity. Section 12 approved psychiatrists. Rapid turnaround available.
