Bhardwaj v FDA & Ors (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0158_11_0411 (04 November 2011)

Bhardwaj v FDA & Ors (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0158_11_0411 (04 November 2011)

It is reasonably arguable that contact between lay members of the Tribunal and Respondents created an appearance of bias, warranting a full hearing on that issue. All other grounds of appeal, including perversity, reasons, time-bar, falsity, good faith, and agency, are dismissed as the Tribunal made proper findings of fact and law.

Citation
[2011] UKEAT 0158_11_0411
Parties
Claimant/appellant: Ms Bhardwaj; Respondents: FDA (trade union) and five officers
Jurisdiction
United Kingdom
Judgment Date
04 November 2011
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal From Employment Tribunal
Outcome
Appeal proceeds to full hearing on apparent bias; all other grounds dismissed.
Legal Topics
Apparent Bias, Race Discrimination, Victimisation, Unjustifiable Discipline, Procedural Irregularity, Time Limits, Agency, Bad Faith
Employment Law Discrimination Law Apparent Bias Race Discrimination Victimisation Unjustifiable Discipline Procedural Irregularity Time Limits +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ms Bhardwaj

Claimant/appellant

FDA (trade union) and five officers

Respondents

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal's composition and contacts created an appearance of bias
  2. 2 Whether the Tribunal erred in law on findings of race discrimination, victimisation, and unjustifiable discipline
  3. 3 Whether the Tribunal erred in findings of falsity and bad faith

Ratio Decidendi

It is reasonably arguable that contact between lay members of the Tribunal and Respondents created an appearance of bias, warranting a full hearing on that issue. All other grounds of appeal, including perversity, reasons, time-bar, falsity, good faith, and agency, are dismissed as the Tribunal made proper findings of fact and law.

Court Disposition

Appeal proceeds to full hearing on apparent bias; all other grounds dismissed.

Orders

  • Full hearing to be held on the issue of apparent bias.
  • No further directions to be given to Regional Employment Judge or President of Employment Tribunals.