The claimant’s case had come before the Employment Appeal Tribunal. Before the hearing he was asked to sign a consent to the tribunal sitting as chairman and one assessor. She was not told that the assessor would be an employer. When she discovered this she withdrew her consent but the appeal went ahead.
Held: The consent to the appeal had not been an informed consent. Accordingly there had been no determination. The importance of maintaining the balance of a tribunal was recognised in the statute.
Peter Gibson, Waller, Carnwath LJJ
England and Wales
Updated: 02 June 2022; Ref: scu.187940