Bhardwa v FDA & Ors

Bhardwa v FDA & Ors

The appellant validly and irrevocably waived her right to object to the tribunal's continued hearing after being given all material facts known to the tribunal at the time, and the Carter/Whiteman incident did not give rise to a real possibility of bias. There was no procedural irregularity in the tribunal's...

Source-derived case information.

Parties
Appellant: Uma Bhardwaj; Respondent: FDA; Respondent: Ann Crighton; Respondent: Stuart Sampson; Respondent: Paula O’Toole; Respondent: Paul Whiteman; Respondent: Sue Gethin
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Apparent Bias, Waiver of Bias, Employment Tribunal Procedure, Judicial Appointments, Race Discrimination, Victimisation, Unjustifiable Union Discipline
Employment Law Discrimination Law Apparent Bias Waiver of Bias Employment Tribunal Procedure Judicial Appointments Race Discrimination Victimisation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Uma Bhardwaj

Appellant

FDA

Respondent

Ann Crighton

Respondent

Stuart Sampson

Respondent

Paula O’Toole

Respondent

Paul Whiteman

Respondent

Sue Gethin

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal's decision was affected by apparent bias due to the appointment of respondents as lay members during the proceedings
  2. 2 Whether the appellant validly waived her right to object to the tribunal's continued hearing of the case
  3. 3 Whether the Carter/Whiteman training incident gave rise to a real possibility of bias

Ratio Decidendi

The appellant validly and irrevocably waived her right to object to the tribunal's continued hearing after being given all material facts known to the tribunal at the time, and the Carter/Whiteman incident did not give rise to a real possibility of bias. There was no procedural irregularity in the tribunal's handling of the bias issue.

Court Disposition

appeal dismissed