EAT PRACTICE AND PROCEDURE: Bias, misconduct and procedural irregularity
UNFAIR DISMISSAL: Constructive dismissal
The EAT, as the tribunal of fact, found that a three-person Employment Tribunal showed apparent bias. The Employment Judge twice allowed private access to himself by counsel for the Respondent, without reference to the Claimant in person, to raise case management issues, and matters very personal to the Claimant or the Respondent’s manager.
Further, the Employment Tribunal wrongly excluded the Claimant’s evidence of two grievances the handling of which he alleged contributed to the final straw causing his resignation. Judgment set aside and remitted to a fresh Tribunal.
Citations:
[2009] UKEAT 0312 – 08 – 2702
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.337761