Clarke v Arriva Kent Thameside Ltd: EAT 25 Jul 2001

The appellant claimed that the single member EAT was, in his case, improperly constituted. The chairman, deciding whether to sit alone, must first see if the proposed hearing met the qualifying conditions, and if it did, must then assess look to the statutory criteria to exercise his discretion to refer the matter to a full tribunal. In this case the matter clearly showed a substantial difference as to fact, and the tribunal had erred in neither giving reasons for the allocation, nor inviting the parties to consider it. In this case the reasons given by the tribunal chairman for its finding were contradictory and inadequate. The appeal succeeded on this basis also.
EAT Procedural Issues – Employment Appeal Tribunal.
The Honourable Mr Justice Douglas Brown
EAT/0341/00, [2001] UKEAT 0341 – 00 – 2507
Bailii, EAT
Employment Tribunal Act 1996 4(1)
England and Wales
See AlsoClarke v Arriva Kent Thameside Ltd EAT 16-Nov-2000
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Updated: 08 March 2021; Ref: scu.204053