EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
Employment Judge wrongly purported to decide a claim of unfair dismissal when she had no jurisdiction because sitting alone – Decision revoked on review – Same Judge chairs fresh (full) Tribunal – Application that she recuse herself dismissed.
Held: Judge should have recused herself – There was apparent unfairness when a three-person tribunal is chaired by a person who has already expressed a definitive opinion on the issues.
Citations:
[2010] UKEAT 0507 – 09 – 0607
Links:
Statutes:
Employment Rights Act 1996 148
Employment
Updated: 22 August 2022; Ref: scu.421390