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Country snapshot

Key considerations

Which issues would you most highlight to someone new to your country?

In general, Danish employment laws offer a certain level of protection for employees. The rules are not codified in one act, but are spread out over several acts, including:

  • the Salaried Employees’ Act (which provides for protection for white collar employees);
  • the Holiday Act;
  • the Act on Restrictive Covenants; and
  • the Discrimination Act.

In addition, collective bargaining agreements contain terms and conditions for employees covered by such agreements. This applies in particular for blue collar workers, but also for white collar workers.

There is also significant case law to observe.

What do you consider unique to those doing business in your country?

Danish law contains a number of detailed rules, which are supplemented by case law. As Denmark is an EU member state, decisions from the European Court of Justice (ECJ) should be considered. Many ECJ judgments within the labour law field relate to questions from Danish courts.

A good knowledge of Danish case law and collective bargaining agreements is necessary to avoid traps.

Another unique point is how significant a role trade unions have in Denmark.

Is there any general advice you would give in the employment area?

A number of provisions under Danish labour law are employee-friendly or of a technical nature. Careful preparation and a well-drafted set of employment documents are crucial to avoid disputes and unhappy leavers. The Danish labour market is quite narrow in certain areas and many professionals are acquainted with each other, so conducting clever terminations or job changes (ie, in relation to restrictive covenants) is important.

Emerging issues/hot topics/proposals for reform

Are there any noteworthy proposals for reform in your jurisdiction?

Denmark is set to have a new Holiday Act in September 2020.

In April 2015 the European Commission stated that the Danish Holiday Act did not comply with EU legislation due to the deviation in the accrual of holiday (accrual year) and the actual leave period (holiday year).

The Holiday Act Committee has therefore prepared a new act focusing on so-called ‘concurrent holidays’, implying that holidays are accrued and must be taken during the same period. This is important for employees new to the job market, as it gives them the possibility of paid holiday in the first year of employment. Holidays will be accrued during a 12-month period from September 1 to August 31 (the accrual period) and employees have the opportunity to take the leave during a 16-month period from September 1 to December 31 (the leave period). The increase in the leave period allows for more flexibility when taking leave.  

What are the emerging trends in employment law in your jurisdiction?

The new Holiday Act and the Data Protection Regulation are the emerging trends in Danish employment law.

The employment relationship

Country specific laws

What laws and regulations govern the employment relationship?

The main sources of Danish employment law are:

  • legislation;
  • collective bargaining agreements;
  • individual employment contracts; and
  • case law.

Who do these cover, including categories of worker?

Different types of worker are usually distinguished by the type of work which they perform. A rough distinction can be made between white collar employees (eg, salaried employees), blue collar employees and managing directors.

White collar employees are covered by the Salaried Employees Act, which covers only this type of employee. A white collar employee can, for example, be an individual who works in trade, is engaged in buying, selling or office work, or whose job requires technical or clinical assistance.

In many cases, white collar employees are also covered by a collective bargaining agreement.

No acts govern only blue collar employees. The terms and conditions of the blue collar employment relationship are therefore covered by mandatory legislation applying to all types of employee, collective bargaining agreements and individual employment contracts.

Typically, managing directors are not subject to mandatory legislation or collective bargaining agreements. The terms and conditions of their employment relationships are set out in an individual employment contract.


Are there specific rules regarding employee/contractor classification?

An employee is an individual who is obliged to perform services in a dependent working relationship. The work performed by the employee is bound by instructions regarding working time, place of work and details of work, which are issued by the employer. The employee is integrated into the working environment, with the use of work space, tools, company premises and facilities.

By contrast, a contractor or freelancer works independently and is not integrated into the principal’s working environment. A contractor is typically paid for a specific piece of work. The extent to which an individual is bound by instructions is indicative of whether a freelance worker is really self-employed or is in fact an employee. A contractor would normally be registered with a CVR number (unique identifier for a business in Denmark's Central Business Register) and issue an invoice for work completed.


Must an employment contract be in writing?

Yes, this follows from the Employment Certificates Act. All employers must provide employees with a contract describing 10 specific employment conditions, as well as all material terms.  

The employee is entitled to tax-free compensation if the employment contract does not contain the required information.

Are any terms implied into employment contracts?

A duty of loyalty is implied in all employment relationships. The employee must be loyal and is not allowed to perform any acts which could potentially be harmful to the employer’s business or compete with the employer. This also applies during the notice period, even if the employee is put on gardening leave. This rule applies regardless of whether any post-employment restrictive covenants apply.

 Are mandatory arbitration/dispute resolution agreements enforceable? 

Not taking into account collective bargaining agreements – which have their own rules regarding dispute resolution – a mandatory dispute resolution can be agreed in employment contracts and would be considered enforceable overall, unless it is considered to be unfair. Since arbitration – unlike the court system – must be paid for by the parties and cannot be appealed, such provisions are valid only in chief executive officer contracts.

How can employers make changes to existing employment agreements?

Smaller changes can be implemented with a short notice period of, for example, 14 days.

As regards significant changes, the employer must give notice corresponding to the employees individual notice period. This applies to changes in salary, work descriptions, working hours and workplace, among others. The parties can agree on the changes to have effect immediately (or within a shorter notice period).

Foreign workers

Is a distinction drawn between local and foreign workers?

Local and foreign workers must be treated equally.

Non-EU and non-EEA residents require a residence permit to be employed.

Foreign employees posted to work in Denmark by a foreign company temporarily providing a service in Denmark are covered by the Danish Act on Posting of Workers. This means that the employee is covered by the rules of the country that the employee is posted from. However, the employee is assured some minimum rights concerning working conditions. The posted employee has the same rights as Danish citizens to:

  • health and safety;
  • workplace discrimination;
  • equal rights and pay for men and women; and
  • some regulations on working hours.

Further, the employee is assured the minimum rights arising from the Holiday Act if the holiday regulations in the home country are less generous.

Foreign employees working directly for a Danish company have the same rights as Danish workers. The rights depend on whether the foreign employee is covered by an individual contract, the Salaried Employees Act or a collective bargaining agreement.



What are the requirements relating to advertising positions?

It is prohibited to discriminate against applicants directly or indirectly on the grounds of age, disability, race, colour, sexual orientation, religious belief, political orientation or national, social or ethnic origin. The employer may therefore not discriminate against applicants for vacant posts when recruiting.

Further, an employer may not search for a person with reference to gender and all vacant positions must therefore be aimed at both men and women.

Background checks

What can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?

There are three kinds of criminal record:

  • private;
  • public; and
  • a statement of no previous convictions in respect of children.

A private criminal record is the only criminal record and must be requested by a private person. If the employer wishes to obtain an applicant’s private criminal record, the applicant must give consent.

Only the police and public authorities can order a public criminal record. If it is required for a job application, a public criminal record can be issued only with the applicant’s consent.

Public authorities, private companies and other institutions that want to employ a person who will work with children under the age of 15 can order a child record.

(b) Medical history?

Applicants may be asked to disclose medical conditions if the information is relevant to the position in question. For example, a pilot or firefighter may be asked to undergo a medical examination.

According to the Salaried Employees Act and the Health Information Act, the employee must inform the employer of his or her medical situation at his or her own initiative if it affects job performance.

(c) Drug screening?

Drug screening is permitted only if the employer has a legitimate interest in a medical examination and the candidate or employee consents. Collective bargaining agreements may also contain rules on drug screening.

(d) Credit checks?

Credit checks are legitimate only if the employer has a legitimate interest in knowing the candidate’s financial circumstances, typically if the position qualifies as a position of special trust and involves money matters (eg, in a bank or heading a bookkeeping department).

(e) Immigration status?

For non-EU and non-EEA residents, the employer must check whether the candidate has a valid work and residence permit allowing him or her to work in Denmark. The employer will be fined if this is not the case.

(f) Social media?

Researching candidates via social media sites such as LinkedIn and Facebook is permitted, under the assumption that the information is retrieved from freely accessible public sources. 

(g) Other?

Inquiries made by an employer are legitimate and permissible only if the answers are necessary for the employer to assess whether the candidate is capable of properly performing his or her duties with regard to the position in question. This means that, as a rule, the employee cannot be asked about pregnancy, among other things.

Wages and working time


Is there a national minimum wage and, if so, what is it?

There is no statutory minimum wage in Denmark. However, employees covered by a collective bargaining agreement have a fixed minimum salary, which can be supplemented by individual agreements.

Are there restrictions on working hours?

According the Working Time Act, employees cannot work, on average, more than the statutory 48 hours a week over a four-month period. The employer must ensure compliance with the act.

The act is based on Directive 93/104/EC and applies unless the employee is covered by an agreement which, at the minimum, ensures the same conditions as the act.

Most collective bargaining agreements apply a 37-hour working week, excluding a half-hour lunch break per working day. This number of working hours is typical outside areas covered by collective bargaining agreements.

The following should also be observed:

  • a daily rest period of at least 11 consecutive hours;
  • one rest day (24 hours) per week that must be an extension of a daily rest period, with no more than six days between two rest days; and
  • a night worker may not, on average, work more than eight hours per 24-hour period.

Hours and overtime

What are the requirements for meal and rest breaks?

Employees are entitled to a break during any working day lasting longer than six hours. The length of the break depends on its purpose (eg, coffee or lunch).

How should overtime be calculated?

Denmark has no general regulation regarding overtime. Many contracts state that the salary includes payment for overtime.

If the employee is hired for a fixed number of working hours, he or she can usually take time off in lieu of overtime pay for each hour of overtime worked.

All collective bargaining agreements have rules on overtime payment. The most typical model is 50% for the first three hours and 100% for all subsequent hours and Sundays and public holidays.

What exemptions are there from overtime?

An employee is entitled to overtime payment only if it has been previously agreed. Further, many contracts state that only ordered overtime entitles compensation.

Is there a minimum paid holiday entitlement?

Every employee is entitled to five weeks of vacation in every holiday year. The holiday year runs from May 1 to April 30.

Whether the employee is entitled to salary or holiday pay during the holiday depends on whether the employee has been employed in the accrual year, which is the calendar year, before the holiday year. If the employee has been employed for the entire accrual year, the employee is entitled to his or her usual salary or holiday pay during the entire holiday. If the employee has not been employed during the full accrual year, the employee is entitled to 2.08 holidays (with salary or holiday pay) per month of employment. However, the employee can still take the rest of his or her holidays up to a total of 25 days; the rest of the holidays are unpaid.

What are the rules applicable to final pay and deductions from wages?

Under Danish employment law, it is normal that an employee performs his or her services in advance of payment. However, exceptions apply in banking and the public sector. If remuneration is calculated over certain periods, it is payable on the expiration of each period, typically at the end of the month. However, in certain collective bargaining agreements, payments are made every two weeks.

Employees receive a net salary, from which tax and social security contributions are deducted by the employer. The level of deduction depends on the employee’s individual tax rate. The employer must register its employees with the tax authority, withhold the taxes to be paid by them and transfer the taxes directly to the tax authority.

Social security contributions of 8% must also be withheld by the employer before payment of the net salary. No other social security is payable on top of the salary, apart from a minor amount for supplementary pension purposes.

Record keeping

What payroll and payment records must be maintained?

Payroll and payment records must be maintained for five years.

Discrimination, harassment & family leave

What is the position in relation to:

Protected categories

(a) Age?

The European Council Directive 2000/78/EC (November 27 2000), which establishes a general framework for equal treatment in employment and occupation, was implemented in Denmark by the Anti-discrimination Act.

In general, employers cannot discriminate against employees or applicants directly or indirectly on the grounds of age, disability, race, colour, sexual orientation, religious belief, political orientation or national, social or ethnic origin.  

The employer may not discriminate against employees or applicants for vacant posts when recruiting, dismissing, transferring or promoting an individual or regarding pay and working conditions.

Both indirect and direct discrimination is forbidden.

(b) Race

Both indirect and direct discrimination is forbidden.

(c) Disability?

Both indirect and direct discrimination is forbidden.

(d) Gender?

In general, it is prohibited to discriminate due to gender. Several pieces of legislation regulate this, including:

  • the Sex Discrimination Act;
  • the Equal Opportunities Act;
  • the Equal Pay Act; and
  • the Maternity Act. 

Prohibition of discrimination due to gender is primarily seen within the areas of employment and education.

(e) Sexual orientation?

Both indirect and direct discrimination is forbidden.

(f) Religion?

Both indirect and direct discrimination is forbidden.

(g) Medical?

Both indirect and direct discrimination is forbidden.

(h) Other?

The Non-discrimination Act is based on union membership or lack of membership.

In 2016 the European Court of Human Rights announced that work-related closed shop agreements are in breach of Article 11 of the European Convention on Human Rights and are subsequently no longer legal in Denmark.

Family and medical leave

What is the position in relation to family and medical leave?

Family and maternity leave

According to the Maternity and Paternity Leave Act, women have the right to four weeks’ maternity leave before their due date. After delivery, the mother is entitled and obliged to two weeks’ maternity leave. The mother is then entitled to a further 12 consecutive weeks of leave, allowing a total of 14 weeks’ maternity leave.

After the expiry of the 14 weeks of leave, the mother (and/or the father) is entitled to 32 weeks of parental leave.

If the mother is covered by the Salaried Employees Act, she is entitled to a minimum of 50% of her ordinary salary in the four-week period before her due date and 14 weeks after delivery.

Collective bargaining agreements often provide better rights regarding payment during maternity leave than the rights derived from legislation.

Employees covered by a collective bargaining agreement usually have the right to full pay during maternity leave and an additional period compared to the above, which is fixed in individual collective bargaining agreements.

If the employee is not entitled to paid maternity leave, the employee will usually be covered by the social security system and will be entitled to a government maternity allowance.

Medical leave

Employees have the right to be absent from work in the event of a family member’s urgent illness or accident that makes the employee's immediate presence imperative.

If the employee is hired to take care of a close relative with permanent decreased functionality, the employee is also entitled to be absent from work.

The right to be absent from work under these circumstances is stipulated in the Act on Employees' Right to Time off for Special Family Reasons.


What is the position in relation to harassment?

Employers cannot discriminate against employees or applicants directly or indirectly on the grounds of age, disability, race, colour, sexual orientation, religious belief, political orientation or national, social or ethnic origin.

Harassment on the abovementioned grounds is also prohibited.


What is the position in relation to whistleblowing?

All Danish companies in the financial sector must have a whistleblower scheme that enables employees and board members to report any breach of financial regulation anonymously. The same applies for:

  • law firms with five or more employees;
  • real estate agents; and
  • accountants.

Other companies are not obliged to have a whistleblower scheme; however, many large companies have implemented such schemes in conformity with good corporate governance practice.

Privacy in the workplace

Privacy and monitoring

What are employees’ rights with regard to privacy and monitoring?

The main source of law governing employee data privacy is the Data Protection Act. It applies to the collection, processing, storage and use of personal data in the workplace. Personal data may be collected, processed or used only if it is permitted under the act or other legal provisions, or if the individual has freely consented to such processing or use. This act will be substituted by the General Data Protection Regulation and a new Data Protection Act as of May 25 2018.

The Video Surveillance Act also imposes specific restrictions regarding the video surveillance of employees in the workplace.

The storage of individual-related data is permitted insofar as it is necessary for the performance of the employment contract.

To what extent can employers regulate off-duty conduct?

The employer may regulate the employees’ access to social media inside the workplace (eg, by blocking access to certain websites). 

Negative statements relating to an employee’s specific position, or a statement which could be considered harmful for the company, may be a breach of the employee’s duty to act loyally and may be rightfully limited in the employment contract.

Are there rules protecting social media passwords in the employment context and/or on employer monitoring of employee social media accounts?

The employer may regulate employee access to social media inside the workplace (eg, by blocking access to certain websites). 

Negative statements relating to an employee’s specific position, or if the statement could be considered harmful for the company, may be a breach of the employee’s duty to act loyally, and may therefore be rightfully limited in the employment contract.

Trade secrets and restrictive covenants

Intellectual Property

Who owns IP rights created by employees during the course of their employment?

According to the Inventions of Employees Act, the employer retains the ownership of inventions made by the employee during the execution of the employee’s duties under the employment relationship.

Restrictive covenants

What types of restrictive covenants are recognised and enforceable?

Effective as of January 1 2016 the rules concerning employment clauses have been compiled in the Employment Clause Act. The act comprises non-competition clauses, non-solicitation of customer clauses and combined clauses (a combination of non-competition clauses and non-solicitation of customers). Further, the act contains a ban on non-solicitation of employee clauses, with certain transition regulations.


Are there any special rules on non-competes for particular classes of employee?

The rules on non-compete clauses apply to all kinds of employee. However, a non-compete clause may only be imposed on an employee holding a particularly trusted position.  

Accordingly, only employees who hold a particularly trusted position and who are trusted with confidential information can be subject to a valid non-compete clause. The employer must inform the employee in writing why a non-compete clause is required.


Employees must be provided with financial compensation for being covered by a restrictive clause.

The first two months are payable as a one-off amount, which is paid regardless of the employee taking up new employment.

For restrictions lasting up to six months, the employee is entitled to 40% of the salary, reduced to 16% in the event that the former employee takes up employment elsewhere during the period in which the restriction is in place.

For restrictions lasting up to 12 months, the employee is entitled to 60% of the salary, reduced to 24% in the event that the former employee takes up employment elsewhere during the period in which the restriction is in place.

For combined clauses which are limited to six months’ duration and are also subject to the one-off payment, the employee is entitled to compensation amounting to 60% of the salary, reduced to 24% in the event that the former employee secures employment elsewhere during the applicable period.

Discipline and grievance procedures


Are there specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

Formal procedures do not exist in the private sector, only in the public sector. However, in order to avoid cases regarding discrimination and unjust dismissal, it is recommended that certain steps and written warnings are made on a case-by-case basis before the notice is affected.

In case of mass redundancies, certain rules apply.

Industrial relations

Unions and layoffs

Is your country (or a particular area) known to be heavily unionised?

To some extent, Danish legislation leaves space for opting out of provisions in the relevant acts, making room for social partners to derogate from rules that would otherwise apply to the employment relationship or supplement the rules. Consequently, the Danish labour market is regulated to a significant extent by collective bargaining agreements rather than mandatory legislation.

Collective bargaining agreements cover:

  • wage levels;
  • pension obligations;
  • additional paid holiday;
  • maternity leave;
  • number of working hours; and
  • other employee conditions.

What are the rules on trade union recognition?

Trade unions have no particular rights protected by legislation, apart from more general rules on the right to establish and participate in the trade union. Trade unions form an important integrated part of the labour market. Employees’ rights to organise can be traced back to the so-called ‘September Agreement’ in 1889, resulting in the employer association’s acceptance of employee rights to organise in trade unions, and the trade unions’ recognition of the employer association’s right to lead and distribute work.

The recognition of trade unions is also seen from the references made in legislation (eg, the Work Environment Act and collective bargaining agreements), in which the social partners can derogate from the act if the collective bargaining agreements confer the same or better rights to the employee as the act.

What are the rules on collective bargaining?

Bargaining at national level provides a framework for much of the Danish industrial relations system. Pay and conditions are negotiated between employer organisations (eg, the Confederation of Danish Industry and the Chamber of Commerce) and unions or cartels of unions and the employers at industry level. Nevertheless, complementary negotiations at company level are becoming increasingly important.

At the highest level there are the framework agreements between the Confederation of Danish Employers and the Danish Confederation of Trade Unions, which set the rules for issues which in many other countries are regulated by law. The framework agreement contains rules regarding:

  • the employer’s right to organise work;
  • rights on terminations; and
  • rights on industrial disputes.

If no collective bargaining agreement has been entered into, strikes may be initiated to obtain a collective bargaining agreement. However, if the company comprises a collective bargaining agreement, strikes may not normally be initiated during the term of the agreement, which is usually two or three years.

Agreements covering pay and conditions are dealt with at industry level. In most cases, these industry-level agreements leave room for further negotiations at a company level (eg, local agreements on working hours).



Are employers required to give notice of termination?

The notice period usually depends on the employee’s length of service and is generally determined by the Salaried Employees Act, a collective bargaining agreement or the individual employment contract. According to the Salaried Employees Act, employees are entitled to a notice period of one to six months. In some cases, the statutory notice period has been prolonged by individual agreement. The notice periods contained in the collective bargaining agreements vary significantly, but are typically shorter than those of the Salaried Employees Act. The notice period will usually cease at the end of a month.


What are the rules that govern redundancy procedures?

Termination of employees is regulated by the Salaried Employees Act, individual contracts and collective bargaining agreements.

Employers may dismiss employees due to:

  • unsatisfactory performance or misconduct; or
  • business-related reasons (eg, finance or reorganisation). 

For salaried employees or employees covered by a collective bargaining agreement, the employer must provide a justified reason in order to terminate the employment contract. To avoid unjustified termination in cases in which termination is due to employee performance, the employer should normally issue one or more written warnings before dismissal, as the employee should been given the opportunity to improve.

Serious employee misconduct entitles the employer to terminate the employment relationship without further notice.

Are there particular rules for collective redundancies/mass layoffs?

Collective redundancies are covered by the Act on Collective Redundancies and collective bargaining agreements. The rules apply in connection with redundancies contemplated by an enterprise where the redundancies within a 30-day period will comprise:

  • at least 10 redundancies in enterprises normally employing more than 20 and fewer than 100 employees;
  • at least 10% of the number of employees in enterprises normally employing at least 100, but fewer than 300 employees; or
  • at least 30 redundancies in enterprises normally employing 300 employees or more.

In case of mass redundancies, notice must be given to the employees or their representatives. The employer is obliged to consult employees to avoid or decrease the amount of redundancies and should provide the works councils with the required information about the employees affected by the mass redundancies.

If an employer fails to inform and consult on a mass redundancy, trade unions can assist employees with claims. If a claim is successful, the employer may be subject to a fine or compensation of up to 30 days’ salary per affected employee.


What protections do employees have on dismissal?

Employers may dismiss employees due to:

  • unsatisfactory performance or misconduct; or
  • business-related reasons (eg, finance or reorganisation).  

For salaried employees or employees covered by a collective bargaining agreement, the employer must provide a justified reason in order to terminate the employment contract. To avoid unjustified termination in cases in which termination is due to the employee’s performance, the employer should normally give one or more written warnings before dismissal.

Serious employee misconduct entitles the employer to terminate the employment relationship without further notice.

A warning is often required before a dismissal, particularly in the case of unsatisfactory performance or lack of cooperation, as the employer should be given the opportunity to improve. 

Certain groups of employee enjoy special protection. In connection with a termination, it is very important to check whether the employee in question may belong to one of the following groups:

  • pregnant employees;
  • employees on pregnancy, maternity or parental leave;
  • senior employees (depending on age);
  • employees who enjoy protection against discrimination;
  • employees who are members of company boards or safety committees or who are elected as employee representatives;
  • part-time or fixed-term employees; or
  • trainees.

Generally, it is more difficult for employers to justify dismissal of protected employees. The employer risks having to pay compensation, which for some groups may amount to six to 12 months’ salary. 

Compelling reasons are required to terminate employment of these categories of employee.


Jurisdiction and procedure

Which tribunals or courts have jurisdiction to hear complaints?

Breach of an individual contract or the Salaried Employees Act may be brought before the ordinary courts.

Cases deriving from collective agreements must be solved at industrial arbitration, whereas a general breach or the interpretation of a collective agreement must be solved at the Industrial Tribunal.

In cases deriving from, for example, discrimination or termination of a student, special boards exist to hear such cases.

City court cases will be heard by one judge, whereas the High Court consists of three judges. Supreme Court cases will be heard by at least five judges. 

At the Industrial Tribunal, a justice from the Supreme Court and two or three expert assessors from the trade union and the employer’s organisation will be present at the hearing.

What is the procedure and typical timescale?

Regarding cases which can be brought before the ordinary courts, conciliation is not mandatory, but mediation can be offered before an actual lawsuit. In case of a lawsuit, the fee is calculated on the basis of the claim raised and is payable by the claimant. 

Local conciliation must be tried to solve disagreements deriving from collective bargaining agreements. Parties usually negotiate locally at the company.

If the case needs to be brought before the Board of Dismissal or the Industrial Tribunal, and the union is represented as the employee’s trustee, all expenses are covered by the trade union. 

Cases brought before the ordinary courts have a processing time similar to other types of case. In principle, the trial hearing can be done within 12 to 20 weeks from the time that the court received the case, but in practice the decision will usually take longer.  

Cases brought before the Industrial Tribunal or arbitration are more expedient and vary from three to 12 months or even longer.


What is the route for appeals?

At the ordinary courts, the plaintiff can appeal once, as the case can be appealed from a city court to High Court. If the case is of principal character, it can be appealed to the Supreme Court. However, this requires the Appeals Permission Board’s permission to appeal.

Cases brought before the Industrial Tribunal or arbitration cannot be appealed.