EAT Practice and Procedure – Striking out/dismissal; Bias, misconduct and procedural irregularity
Striking out after 50 days of hearing spread over three years. The Appellant deliberately refused to attend hearings, requesting a fresh Tribunal hear his case. Tribunal correct to strike out claim.
Appellant had conducted a lengthy campaign to force the Tribunal Chairman to recuse himself, culminating in naming him in Tribunal proceedings against a school of which the Tribunal Chairman was Chairman of Governors. No apparent bias, and the Tribunal were correct to continue.
No bias even though Appellant had named Tribunal Chairman in tribunal proceedings.
Order for costs was not a nullity because Tribunal mistakenly awarded costs under the 2004 Rules instead of 2001 Rules. The relevant provision contained the same wording.
Judges:
His Honour Judge Ansell
Citations:
UKEAT/0383/06 and UKEAT/0578/06
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 May 2022; Ref: scu.258056
