EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – The Employment Tribunal erred in recusing themselves from hearing the Claimant’s applications for a review of the Remedies Judgment to claim exemplary damages and to claim costs. The decision to recuse themselves for ‘a potential conflict of interest’ was not sustainable on the relevant material before them. The Respondent sought to uphold the recusal on grounds of appearance of bias. The Employment Tribunal did not err in rejecting the grounds on which the application was made before them: actual or apparent bias (described by them as ‘future potential for bias’). The relevant facts did not give rise to an appearance of bias. Porter v Magill [2002] 2 AC 357 and Locabail v Bayfield Properties [2000] IRLR 96 applied. In any event the Employment Tribunal erred in recusing themselves before taking reasonable steps to ascertain whether such action was necessary. Guidance in Bennett v Southwark LBC [2002] ICR 881 applied.
Appeal allowed. Case remitted to the same Employment Tribunal.
Slade J
[2013] UKEAT 0027 – 13 – 2111
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518537