Aziz v Crown Prosecution Service (Practice and Procedure : Bias, misconduct and procedural irregularity) [2013] UKEAT 0027_13_2111 (21 November 2013)

Aziz v Crown Prosecution Service (Practice and Procedure : Bias, misconduct and procedural irregularity) [2013] UKEAT 0027_13_2111 (21 November 2013)

The Employment Tribunal erred in recusing themselves for a potential conflict of interest; the relevant facts did not give rise to an appearance of bias; the decision to recuse was not sustainable and was made without reasonable steps to ascertain necessity; guidance in Porter v Magill, Locabail, and Bennett applied.

Citation
[2013] UKEAT 0027_13_2111
Parties
Appellant/claimant: Halima Aziz; Respondent: Crown Prosecution Service
Jurisdiction
United Kingdom
Judgment Date
21 November 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Recusal Judgment
Outcome
Appeal allowed
Legal Topics
Bias and Recusal, Race Discrimination, Sex Discrimination, Aggravated Damages, Exemplary Damages, Costs, Procedural Irregularity
Employment Law Discrimination Law Judicial Procedure Bias and Recusal Race Discrimination Sex Discrimination Aggravated Damages Exemplary Damages +2 more

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Parties

Halima Aziz

Appellant/claimant

Crown Prosecution Service

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Recusal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in recusing themselves for a potential conflict of interest
  2. 2 Whether the facts gave rise to actual or apparent bias
  3. 3 Whether the Tribunal's recusal was sustainable on the material before them

Ratio Decidendi

The Employment Tribunal erred in recusing themselves for a potential conflict of interest; the relevant facts did not give rise to an appearance of bias; the decision to recuse was not sustainable and was made without reasonable steps to ascertain necessity; guidance in Porter v Magill, Locabail, and Bennett applied.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the same Employment Tribunal for determination of the Claimant's applications for review of the Remedies Judgment and costs.