Source: All England Reporter
Publisher Citation: [2001] All ER (D) 119 (Oct)
Court: Employment Appeal Tribunal
Judge:

Sir Christopher Bellamy QC
Judgment Dates: 8 October 2001

Catchwords

Employment tribunal - Procedure - Hearing - Chairman interrupting cross-examination of respondent by applicant - Chairman limiting time for cross-examination - Whether chairman in error - Employment Tribunal (Constitution and Rules of Procedure) Regulations 1993, r 9.

The Case

On the facts, an employment tribunal chairman had not exceeded his discretion under r9 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 1993 by limiting the employee's cross-examination of the respondent employer to 1 hour and 40 minutes since the overriding principle that the proceedings taken as a whole had to be fair had been satisfied. Accordingly the employee's appeal was dismissed.

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