Robertson (t/a 19th Golf Theme Bar) v. Hendrie [2007] UKEAT 0035_06_0702 (7 February 2007)

Robertson (t/a 19th Golf Theme Bar) v. Hendrie [2007] UKEAT 0035_06_0702 (7 February 2007)

The presence of a lay member in training during deliberations, without input into the decision, and the occurrence of laughter, did not give rise to a real possibility of bias or impropriety. The Chairman acted within his discretion, and the respondent was not deprived of a fair hearing.

Citation
[2007] UKEAT 0035_06_0702
Parties
Appellant/respondent: Mr Forbes Robertson; Respondent/claimant: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
07 February 2007
Procedural Posture
Employment Appeal / Appeal Against Refusal to Review Default Judgment
Outcome
Appeal dismissed; application for expenses refused.
Legal Topics
Apparent Bias, Tribunal Procedure, Default Judgment, Review Applications, Training of Lay Members
Employment Law Procedural Law Apparent Bias Tribunal Procedure Default Judgment Review Applications Training of Lay Members

Case Brief

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Parties

Mr Forbes Robertson

Appellant/respondent

Claimant (unnamed)

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal Against Refusal to Review Default Judgment

Legal Issues

  1. 1 Whether the presence of a lay member in training during deliberations and subsequent laughter gave rise to apparent bias or procedural impropriety
  2. 2 Whether the respondent was denied a fair hearing

Ratio Decidendi

The presence of a lay member in training during deliberations, without input into the decision, and the occurrence of laughter, did not give rise to a real possibility of bias or impropriety. The Chairman acted within his discretion, and the respondent was not deprived of a fair hearing.

Court Disposition

Appeal dismissed; application for expenses refused.

Orders

  • The appeal is dismissed.
  • The application for expenses is refused.