EAT Practice and Procedure: Bias, Misconduct and Procedural Irregularity – The Employment Tribunal dismissed the Claimant’s claims. The Claimant did not appeal that decision.
The Respondent applied for costs. The Claimant applied for an order that the Employment Tribunal recuse itself from hearing the costs application on the ground of apparent bias arising from, inter alia, the content and tone of questions and comments made by one of the members during the substantive hearing.
The Employment Appeal Tribunal concluded on balance that the content and tone of the member’s questions and comments had been as described by the Claimant and that they gave rise to an appearance of bias which meant that, notwithstanding that he had not appealed against the substantive decision, the Employment Tribunal ought to have recused themselves from hearing the costs application.
Shanks HHJ
[2014] UKEAT 0266 – 14 – 1411
Bailii
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.541540