Riverside Restaurants Ltd (t/a Harry Ramsden) v Tremayne [1995] UKEAT 1168_95_2311 (23 November 1995)
The tribunal chairman's conduct, including expressing views on material issues and restricting cross-examination, created an appearance of bias. This was sufficient to vitiate the proceedings, requiring the matter to be remitted to a fresh tribunal for a re-hearing.
- Citation
- [1995] UKEAT 1168_95_2311
- Parties
- Appellant: Appellant (Employer); Respondent: Mr D Tremayne
- Jurisdiction
- United Kingdom
- Judgment Date
- 23 November 1995
- Procedural Posture
- Employment Appeal / Appeal Against Interlocutory Orders of Industrial Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Racial Discrimination, Bias in Tribunal Proceedings, Interlocutory Orders, Witness Orders, Fair Hearing
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant (Employer)
Appellant
Mr D Tremayne
Respondent
Procedural Posture
Employment Appeal / Appeal Against Interlocutory Orders of Industrial Tribunal
Legal Issues
- 1 Whether the Industrial Tribunal's conduct gave rise to an appearance of bias
- 2 Whether the refusal to order a re-hearing before a different tribunal was lawful
- 3 Whether the issuance of witness orders was within the tribunal's discretion
Ratio Decidendi
The tribunal chairman's conduct, including expressing views on material issues and restricting cross-examination, created an appearance of bias. This was sufficient to vitiate the proceedings, requiring the matter to be remitted to a fresh tribunal for a re-hearing.
Court Disposition
Appeal allowed
Orders
- Matter remitted to a fresh tribunal for re-hearing
Full Case Text
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