PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The Claimant brought proceedings in the Employment Tribunal raising various complaints, including detriments imposed on the ground of his trade union activities.
During the course of the hearing before the Employment Tribunal and before the conclusion of the Respondent’s evidence there was an application that the Employment Judge (who was sitting with lay members) should recuse herself on the ground of apparent bias. The Employment Tribunal gave a Reserved Judgment refusing that application. The appeal was on the basis that the decision was wrong and the Employment Judge should have recused herself on the ground of apparent bias.
Held the appeal would be allowed. There was no suggestion of actual bias but the Employment Judge had in the particular circumstances behaved in a way that gave rise to apparent bias. A fair minded observer who was informed of all the relevant facts would conclude that there was a real possibility of bias. This was in particular because the Employment Judge had intervened during the evidence of the Claimant and other witnesses which went beyond permissible clarification of the evidence to what was in substance cross-examination and the putting of points that were in the Respondent’s favour.
Singh J
[2015] UKEAT 0104 – 15 – 1812
Bailii
England and Wales
Employment
Updated: 12 January 2022; Ref: scu.561005