Source: All England Reporter
Publisher Citation: [2009] All ER (D) 134 (Sep)
Court: Employment Appeal Tribunal

Slade J, Mr P Gammon, Mr DJ Jenkins

Representation John Samson (instructed by Steeles (Law) LLP Solicitors) for the employer.
  R, J and L appeared by their representative.
  Naomi Ling (instructed by Shoosmiths Solicitors) for M.
Judgment Dates: 23 July 2009


Tribunal - Membership - Bias - Employer running business offering employment advice and representation before employment tribunals - Part-time employment judge a member of firm undertaking employment law cases - Firm publishing advertisement denigrating non-solicitor employment law consultants during the course of first claimants hearing before tribunal - Judge a member of tribunal - Tribunal finding against employer - Second claimant's case heard five months after advertisement published - Judge a member of tribunal - Whether apparent bias present.

The Case

Tribunal Membership. Employment Appeal Tribunal: An appeal of the employer employment consultancy firm in respect of a decision of a part-time judge who was also employed by a firm of employment solicitors, would be quashed. The judge in the instant case had been associated with the expression of trenchant derogatory views about unqualified employment law consultants like the employer and his decision against the employer had the appearance of bias.

Practice Areas

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