PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
On a Rule 26 ‘initial consideration’ on 26 August 2015 before presentation of the ET3 response, the London Central Employment Tribunal directed a Preliminary Hearing on a jurisdictional issue, to be heard on 2 October 2015. Before receipt of notice of that hearing, the Appellant applied for transfer of the case to another region on grounds of alleged bias. The Tribunal responded with a direction on 9 September 2015 that the issue of transfer would be considered at a Preliminary Hearing on 20 October. At the Preliminary Hearing on 2 October the Tribunal struck out parts of the claim on the grounds of res judicata / Henderson v Henderson / abuse of process; and noted that the application to transfer would be considered on 20 October.
Appeal allowed against the directions and Orders of 26 August, 9 September and 2 October on grounds that (i) the effect of Rules 26 and 54 is that the Tribunal’s jurisdiction for ‘initial consideration’ and any consequent direction for a Preliminary Hearing is dependent on receipt of the ET3 response; and/or (ii) that the transfer application should have been listed for Preliminary Hearing before, not after, the Preliminary Hearing on the jurisdictional issues. The application for transfer was remitted to London Central. The Appellant’s applications under EAT Rules Rule 27(1) / EAT Practice Direction 2013 paragraph 10.3 for Orders for disclosure and for the admission of other evidence were refused.
Judges:
Soole J
Citations:
[2017] UKEAT 0042 – 16 – 1107
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 March 2022; Ref: scu.593135