EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The Employment Judge, while rejecting a complaint of bias, ordered that a fresh panel be convened to continue the hearing of a case. Her decision did not take into account guidance in Ansar v Lloyds TSB Bank [2006] ICR 1565 (EAT), [2007] IRLR 211 (CA) and Peter Simper and Co Limited v Cooke (No 1) [1984] ICR 6. Decision set aside.
Judges:
Richardson J
Citations:
[2011] UKEAT 0308 – 11 – 1907
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Triodos Bank Nv v Dobbs and Another ChD 8-Feb-2005
. .
Cited – Ansar v Lloyds TSB Bank Plc and others CA 9-Oct-2006
The claimant challenged a decision of the chairman of the Employment tribunal not to recuse himself on a later hearing after the claimant had previously made allegations of bias and improper conduct against him. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 September 2022; Ref: scu.442178