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Finlayson (T/A Finlaysons) v Mcmahon: EAT 11 Feb 2022

TOPIC NUMBER 8 – Practice and procedure; bias and procedural fairness
TOPIC NUMBER 11 – Unfair dismissal; remedy; conmpensatory award
The Appellant was found to have dismissed the Claimant unfairly. He appealed on the basis of apparent bias / procedural fairness in the hearing before the Employment Tribunal. He also maintained that the Tribunal had erred in awarding compensation to the Claimant.
Held: refusing the appeal,
(1) Whilst criticisms might be made of certain aspects of the Judge’s management of the hearing, there was no basis for a conclusion of apparent bias.
(2) All of the Appellant’s criticisms of the Judge’s approach to assessment of loss were simply attempts to re-argue fact.

Judges:

The Honourable Lord Fairley

Citations:

[2022] EAT 30

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 29 March 2022; Ref: scu.674549

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