EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The Claimant did not turn up to pursue an appeal relating to apparent bias. She could not be contacted. Nor had she supplied documents, though repeatedly asked, and then directed by the EAT to do so; and had not attended before a Judge as ordered to explain why not.
Accordingly, after waiting for 1 hour in case she appeared, the Tribunal proceeded to hear the appeal. There was no sufficient evidence of bias, a document which purported on its face to be an affidavit having been disowned by the Claimant in a subsequent letter to the EAT, and bias was not self-evident from the face of the Employment Tribunal’s letter refusing a review of an automatic strike-out for non-compliance for failure to disclose documents to the ET and Respondent despite orders to do so.
Accordingly, the appeal was dismissed on its apparent merits.
Langstaff P J
[2013] UKEAT 0622 – 12 – 2405
Bailii
England and Wales
Employment
Updated: 18 November 2021; Ref: scu.514164