Bhardwaj v FDA & Ors (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0157_11_0411 (04 November 2011)

Bhardwaj v FDA & Ors (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0157_11_0411 (04 November 2011)

It is reasonably arguable that the Tribunal's composition created an appearance of bias warranting a full hearing; all other grounds of appeal including perversity, reasons, time-bar, falsity, good faith, and agency were dismissed as matters of fact and law properly addressed by the Tribunal.

Citation
[2011] UKEAT 0157_11_0411
Parties
Claimant: Ms Bhardwaj; Respondents: FDA (trade union) and five officers
Jurisdiction
United Kingdom
Judgment Date
04 November 2011
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Apparent bias ground proceeds to full hearing; all other grounds dismissed.
Legal Topics
Apparent Bias, Race Discrimination, Victimisation, Unjustifiable Discipline, Trade Union Liability, Procedural Irregularity
Employment Law Equality Law Apparent Bias Race Discrimination Victimisation Unjustifiable Discipline Trade Union Liability Procedural Irregularity

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Parties

Ms Bhardwaj

Claimant

FDA (trade union) and five officers

Respondents

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal's composition created an appearance of bias
  2. 2 Whether the Tribunal erred in findings of falsity and bad faith
  3. 3 Whether the officers acted as agents for the union

Ratio Decidendi

It is reasonably arguable that the Tribunal's composition created an appearance of bias warranting a full hearing; all other grounds of appeal including perversity, reasons, time-bar, falsity, good faith, and agency were dismissed as matters of fact and law properly addressed by the Tribunal.

Court Disposition

Apparent bias ground proceeds to full hearing; all other grounds dismissed.

Orders

  • Full hearing directed on apparent bias
  • ACAS officers to make overtures for conciliation