A party wishing to complain about a member of the employment tribunal should make his complaint to that tribunal rather than at the EAT. The Polkey principle must be considered by the Tribunal in assessing compensation for unfair dismissal even though it was not raised by the parties before them.
Judges:
Tucker J
Citations:
[1992] ICR 204, [1991] UKEAT 125 – 90 – 1411, [1991] UKEAT 567 – 90 – 1411, [1992] IRLR 209
Links:
Citing:
Cited – Whitehart v Raymond Thomson Ltd EAT 11-Sep-1984
A member of the tribunal was said to have dozed off once if not twice during the hearing. Popplewell J said: ‘It is axiomatic that all members of a tribunal must hear all the evidence and to have a trial in which one member of the tribunal is asleep . .
Mentioned – British Labour Pump Co Ltd v Byrne EAT 1979
The respondent had been dismissed for misconduct on the morning of the day on which he was dismissed. There had been previous misbehaviour but the industrial tribunal held that the case had to be determined on the basis of what had happened on that . .
Cited by:
Not followed – Stansbury v Datapulse Plc and Another CA 15-Dec-2003
In the course of a hearing in the Employment Tribunal, it appeared to one party that a member of the tribunal was drunk and fell asleep.
Held: Two questions arose. First whether that tribunal should deal with a complaint about a member of the . .
Cited – Swallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
Cited – Salford Royal NHS Foundation Trust v Roldan CA 13-May-2010
The employee appealed against the reversal by the EAT of her successful claim for unfair dismissal. She had been dismissed for alleged gross misconduct in disrespectful treatment of a patient. She said that investigation had been procedurally . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 June 2022; Ref: scu.193401