EAT PRACTICE and PROCEDURE: Chairman Alone
An Employment Judge decided, contrary to the usual practice and the expectations of the parties, to sit alone on a forthcoming PHR to determine the ‘material factor’ defence in two major equal pay multiples.
Held: (a) that the reasons for his decision were flawed, and that the usual practice of hearing such an issue with lay members was sound; and
(b) that the right decision at the time that it was taken would have been to direct a hearing by a full tribunal; but
(c) since the effect of now substituting such a decision would be to necessitate a substantial adjournment, the lesser of two evils was to allow the decision to stand.
Citations:
[2009] UKEAT 0447 – 09 – 2910
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 August 2022; Ref: scu.401686
