Parveen v Little & Ors [2000] UKEAT 1248_98_1702 (17 February 2000)

Parveen v Little & Ors [2000] UKEAT 1248_98_1702 (17 February 2000)

Consent of both parties to a Tribunal sitting with only two members must be express and unequivocal; implied consent is insufficient. As no such express consent was obtained, the Tribunal was not properly constituted and its decision must be set aside.

Source-derived case information.

Citation
[2000] UKEAT 1248_98_1702
Parties
Appellant: Miss Parveen; First Respondent: Mr Knowles; Second Respondent: Mr Mills; Third Respondent: Petchey Holdings Plc
Jurisdiction
United Kingdom
Judgment Date
17 February 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal decision set aside; case remitted for rehearing before a properly constituted Employment Tribunal.
Legal Topics
Sexual Harassment, Sex Discrimination, Tribunal Procedure, Panel Composition, Consent to Reduced Panel
Employment Law Discrimination Law Sexual Harassment Sex Discrimination Tribunal Procedure Panel Composition Consent to Reduced Panel

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miss Parveen

Appellant

Mr Knowles

First Respondent

Mr Mills

Second Respondent

Petchey Holdings Plc

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal was properly constituted with only two members without express consent of the parties
  2. 2 Whether implied consent suffices for a two-member panel under the Employment Tribunals Act 1996
  3. 3 Whether the Tribunal's decision should be set aside for lack of proper constitution

Ratio Decidendi

Consent of both parties to a Tribunal sitting with only two members must be express and unequivocal; implied consent is insufficient. As no such express consent was obtained, the Tribunal was not properly constituted and its decision must be set aside.

Court Disposition

Appeal allowed; Tribunal decision set aside; case remitted for rehearing before a properly constituted Employment Tribunal.

Orders

  • The previous Tribunal decision is set aside.
  • The case is remitted to a fresh Employment Tribunal for rehearing.