The Manchester College v Hazel & Anor

The Manchester College v Hazel & Anor

There is sufficient concern regarding possible apparent bias to warrant an adjournment, enabling the College to apply for review in the EAT, which is the appropriate forum to address such allegations.

Parties
Appellant: The Manchester College; Respondents: Hazel & Anr
Jurisdiction
England and Wales
Judgment Date
16 April 2013
Procedural Posture
Appeal / Adjournment Pending Application for Review to EAT
Outcome
appeal adjourned
Legal Topics
Apparent Bias, TUPE Regulations, Tribunal Procedure
Employment Law Apparent Bias TUPE Regulations Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

The Manchester College

Appellant

Hazel & Anr

Respondents

Procedural Posture

Appeal / Adjournment Pending Application for Review to EAT

Legal Issues

  1. 1 Whether the Employment Judge's undisclosed union membership constituted apparent bias
  2. 2 Whether the grounds of appeal should be amended to include bias
  3. 3 Appropriate forum for resolving allegations of apparent bias

Ratio Decidendi

There is sufficient concern regarding possible apparent bias to warrant an adjournment, enabling the College to apply for review in the EAT, which is the appropriate forum to address such allegations.

Court Disposition

appeal adjourned

Orders

  • Appeal adjourned to permit application for review to EAT under rule 33.
  • Matter to resume as substantive appeal once EAT outcome is known.