R v A [1997] UKEAT 51_96_2111 (21 November 1997)

R v A [1997] UKEAT 51_96_2111 (21 November 1997)

There was no real danger of bias affecting the Industrial Tribunal's decision, as the tribunal's findings were based on the evidence presented at the hearing and not on the inadmissible transcript. The procedural irregularity alleged did not result in unfairness or injustice to the respondent.

Citation
[1997] UKEAT 51_96_2111
Parties
Appellant: A; Respondent: R
Jurisdiction
United Kingdom
Judgment Date
21 November 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Sexual Harassment, Bias in Tribunals, Procedural Fairness
Employment Law Sex Discrimination Sexual Harassment Bias in Tribunals Procedural Fairness

Case Brief

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Parties

A

Appellant

R

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal's decision was tainted by unconscious bias due to lay members reading inadmissible material
  2. 2 Whether there was a procedural irregularity in failing to inform the respondent that lay members had seen part of the transcript

Ratio Decidendi

There was no real danger of bias affecting the Industrial Tribunal's decision, as the tribunal's findings were based on the evidence presented at the hearing and not on the inadmissible transcript. The procedural irregularity alleged did not result in unfairness or injustice to the respondent.

Court Disposition

Appeal dismissed