EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – The Claimant argued that the Employment Tribunal was required to determine, but did not determine, issues relating to the acquisition of a company known as Flowmaster Limited – specifically whether there was a TUPE transfer and whether the Claimant was entitled to resign because the Respondent failed properly to address that issue.
Held: the Employment Tribunal had correctly understood the issues. Whether there was a TUPE transfer of Flowmaster employees was not an issue for the Employment Tribunal to determine.
The Claimant argued that the Employment Judge’s conduct was such as to evince apparent bias.
Held: while the Employment Judge’s choice of language at one point during the hearing was open to criticism, a fair minded and informed observer would not have thought there was a real possibility of bias.
David Richardson HHJ
[2014] UKEAT 0151 – 14 – 1809
Bailii
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.536735