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.
Judges:
Peter Gibson, Waller, Carnwath LJJ
Citations:
Times 11-Nov-2003
Statutes:
Employment Appaels Tribunals Act 1996 28(2) 28(3)
Jurisdiction:
England and Wales
Employment
Updated: 02 June 2022; Ref: scu.187940