EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
Rule 60, read with Rules 1(3), 32 and 92 of the procedural rules applying in Employment Tribunals (in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013) did not, at least in this case, justify the Tribunal not sending a witness order, obtained by a party, to the other party.
The fairness of the subsequent trial was compromised by the omission of the Employment Judge to explain to the other party, who was not professionally represented and was taken by surprise by the attendance of the witness subject to the witness order, the right to apply for an adjournment to secure the attendance of a rebuttal witness who had provided a signed statement and whom the unrepresented party had decided not to call.
It was impossible to conclude that oral evidence from the absent witness would necessarily have made no difference to the outcome of the trial. The Decision would therefore have to be set aside. The matter would be remitted for a rehearing before a freshly constituted Employment Tribunal.
Judges:
Kerr J
Citations:
[2017] UKEAT 0238 – 16 – 2906
Links:
Jurisdiction:
England and Wales
Employment
Updated: 28 March 2022; Ref: scu.591128
