Scanfuture UK Ltd, J M Link v K Bird J M Link C J Bennett Secretary of State for Department of Trade, Secretary of State for Department of Trade: EAT 23 Mar 2001

The new system of appointment of lay members of employment tribunals is compliant with the right to a fair trial before an independent tribunal, particularly now where the Secretary of State had an interest in the proceedings. The Secretary had had power to select and remove the lay members of the tribunal, and the system could therefore give rise to a reasonable perception of unfairness. The decision made under the old rules had to be set aside. The new system provided sufficient guarantees because the lay members were now appointed for a three year period after open competition, and any removal would now involve an element of judicial involvement.
EAT Transfer of Undertakings – Transfer


The Honourable Mr Justice Lindsay (President)


Times 26-Apr-2001, EAT/980/99, EAT/1353/99, [2001] IRLR 416


European Convention on Human Rights Art 6

Cited by:

CitedAA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Employment

Updated: 28 April 2022; Ref: scu.172037