EAT Jurisdictional Points – PRACTICE AND PROCEDURE – Chairman alone
An Employment Judge sitting alone heard a claim of unfair dismissal (which he should hear alone unless he exercised discretion not to do so) together with one in respect of detriment for trade union activity (which he could only hear with lay members, unless the parties agreed otherwise). He did not consider whether to exercise his discretion to sit with members in respect of the dismissal claim. Held that he should have done so; and that it was so unlikely that the discretion could have been exercised in this case other than by having a combined hearing of the claims, sitting with lay members, that the matter would be remitted to a fresh Tribunal for hearing on that basis, unless an Employment Judge with responsibility for the case later determined for good reason that the two claims (which were linked, though not entirely overlapping) should be heard separately. The fees paid for appealing were to be paid in full by the Respondent to the Claimant.
Langstaff P J
[2015] UKEAT 0388 – 14 – 2503
Bailii
England and Wales
Employment
Updated: 29 December 2021; Ref: scu.545909
