The claimant challenged a decision of the chairman of the Employment tribunal not to recuse himself on a later hearing after the claimant had previously made allegations of bias and improper conduct against him.
Judges:
Waller LJ, Laws LJ, Leveson LJ
Citations:
[2006] EWCA Civ 1462, [2007] IRLR 211, [2006] ICR 1565
Links:
Statutes:
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
Jurisdiction:
England and Wales
Citing:
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Lodwick v London Borough of Southwark CA 18-Mar-2004
The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year’s . .
Cited – Breeze Benton Solicitors (A Partnership) v Weddell EAT 13-May-2004
EAT Practice and Procedure – Bias, misconduct and procedural irregularity – Appeal based on refusal of ET Chairman to recuse himself following previous proceedings involving the same Respondent and his complaint . .
Cited by:
Cited – Dodsworth v Crown Prosecution Service Admn 8-Nov-2010
The defendant effectively sought to appeal against his conviction on his own guilty plea to possession of wild bird eggs. They had been collected before possession itself was made an offence, and he had received them before the 2004 Act, after which . .
Cited – Westlb Ag London Branch v Pan EAT 19-Jul-2011
EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The Employment Judge, while rejecting a complaint of bias, ordered that a fresh panel be convened to continue the hearing of a case. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 25 October 2022; Ref: scu.246000