The court was asked whether the proposed appeal raised an arguable point of law. The claimant had requested witness orders, but the tribunal had refused them. Five of the six requested attended as defentant’s witnesses.
Held: The Industrial Tribunal was perfectly entitled in the exercise of its discretion to refuse to make witness orders in the absence of some compelling or good reason. The request had been made too near the hearing date. As to the question of bias, the Employment Tribunal had been correct to rely on R v Gough.
Judges:
Morison P J
Citations:
[1998] UKEAT 385 – 98 – 0209
Links:
Citing:
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 17 June 2022; Ref: scu.206660