Stansbury v Datapulse Plc & Anor

A hearing before a tribunal member who has consumed alcohol and appeared to fall asleep does not satisfy the requirement of a fair hearing under Article 6 ECHR and common law; such conduct undermines public confidence and the appearance of justice. The Employment Appeal Tribunal erred in holding the hearing was fair on the assumed facts.

Parties: Appellant: James Michael Stansbury; Respondent: Datapulse Plc; Respondent: Troy Holdings International Plc
Jurisdiction: England and Wales
Judgment Date: 15 December 2003
Procedural Posture: Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome: Appeal allowed
Legal Topics: Unfair Dismissal, Tribunal Member Misconduct, Article 6 ECHR – Right to Fair Hearing, Procedural Fairness, Bias and Appearance of Bias

Employment Law Procedural Law Human Rights Unfair Dismissal Tribunal Member Misconduct Article 6 ECHR – Right to Fair Hearing Procedural Fairness Bias and Appearance of Bias

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Parties

James Michael Stansbury

Appellant

Datapulse Plc

Respondent

Troy Holdings International Plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

1 Whether the conduct of a tribunal member (consumption of alcohol and falling asleep) rendered the hearing unfair under Article 6 ECHR and common law
2 Whether the Employment Appeal Tribunal erred in its approach to resolving factual disputes about tribunal member misconduct

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Decision of the Employment Tribunal set aside
Case remitted for rehearing before a differently constituted Employment Tribunal