||All England Reporter
|| All ER (D) 36 (May)
||Employment Appeal Tribunal
Lord Johnston, Mr G R Carter and Mr R P Thomson
||Alan Sharp of Scottish Health Services Central Legal Office, Edinburgh for the employer.
||Neil MacLean of Anderson Strathern WS, Edinburgh for the employee.
||29 March 2001
Unfair dismissal - Compensation - Amount which was just and equitable having regard to loss sustained by employee - Contributory conduct - Employment tribunal failing to take into account employee flouting existing warnings - Whether Employment Appeal Tribunal entitled to interfere with tribunal's decision on issue of contribution - Whether chairman of employment tribunal showing bias.
A chairman of an employment tribunal should not make comments in the course of evidence which would suggest a preconceived or formed view as to the nature of the evidence or the strength of the case of one or other party. The essence that justice had to be seen to be done was wholly intertwined with the conduct of the court in question which had to be seen to keep an open view until the entire evidence that the parties wished to lead had been led. Expressions of concern or views such as the phrase 'a mountain to climb', in the course of the case, were wholly inappropriate. During the course of evidence, judicial comment should be limited to clarification of the particular issues.
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