Jones v Corbin (t/a BOO) (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0504_10_0709 (07 September 2011)

Jones v Corbin (t/a BOO) (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0504_10_0709 (07 September 2011)

The refusal of an adjournment by the Employment Judge without consulting the Tribunal members constituted a procedural irregularity and breach of fairness, requiring the decision to be set aside and the matter remitted to a differently constituted Tribunal.

Citation
[2011] UKEAT 0504_10_0709
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
07 September 2011
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Outcome
Appeal allowed; original Tribunal decision set aside; case remitted to a differently constituted Employment Tribunal for rehearing.
Legal Topics
Procedural Fairness, Bias, Adjournment, Case Management, Unfair Dismissal, Wrongful Dismissal
Employment Law Procedural Law Procedural Fairness Bias Adjournment Case Management Unfair Dismissal Wrongful Dismissal

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Judge erred by refusing an adjournment without consulting Tribunal members
  2. 2 Whether there was procedural unfairness and/or bias in the conduct of the hearing

Ratio Decidendi

The refusal of an adjournment by the Employment Judge without consulting the Tribunal members constituted a procedural irregularity and breach of fairness, requiring the decision to be set aside and the matter remitted to a differently constituted Tribunal.

Court Disposition

Appeal allowed; original Tribunal decision set aside; case remitted to a differently constituted Employment Tribunal for rehearing.

Orders

  • Original judgment set aside in full
  • Case remitted to a fresh Employment Tribunal for a one-day hearing