EAT Practice and Procedure – bias, misconduct and procedural irregularity; striking-out/dismissal – Lay member asked to recuse himself because he sat on PH in this case. Application refused. No appearance of bias. ET strike out order – no reasonable prospect of success. Misdirection as to test for instructive Unfair Dismissal. Strike-out inappropriate. Appeal allowed.
Peter Clark J
 UKEAT 0530 – 05 – 0902, UKEAT/0530/05
Updated: 05 July 2022; Ref: scu.240235