Whitehart v Raymond Thomson Ltd: EAT 11 Sep 1984

A member of the tribunal was said to have dozed off once if not twice during the hearing. Popplewell J said: ‘It is axiomatic that all members of a tribunal must hear all the evidence and to have a trial in which one member of the tribunal is asleep even for a short part of the time, cannot be categorised as a proper trial. Justice does not appear to have been done.’

Judges:

Popplewell J

Citations:

Unreported, 11 September 1984

Jurisdiction:

England and Wales

Cited by:

CitedRed Bank Manufacturing Co Ltd v Meadows EAT 1992
A party wishing to complain about a member of the employment tribunal should make his complaint to that tribunal rather than at the EAT. The Polkey principle must be considered by the Tribunal in assessing compensation for unfair dismissal even . .
CitedStansbury v Datapulse Plc and Another CA 15-Dec-2003
In the course of a hearing in the Employment Tribunal, it appeared to one party that a member of the tribunal was drunk and fell asleep.
Held: Two questions arose. First whether that tribunal should deal with a complaint about a member of the . .
CitedStansbury v Datapulse Plc and Another CA 15-Dec-2003
In the course of a hearing in the Employment Tribunal, it appeared to one party that a member of the tribunal was drunk and fell asleep.
Held: Two questions arose. First whether that tribunal should deal with a complaint about a member of the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 16 May 2022; Ref: scu.193402