Healy & Anor v Wincanton Group Plc (Practice and Procedure : Bias, misconduct and procedural irregularity) [2012] UKEAT 0303_12_1212 (12 December 2012)

Healy & Anor v Wincanton Group Plc (Practice and Procedure : Bias, misconduct and procedural irregularity) [2012] UKEAT 0303_12_1212 (12 December 2012)

Employment Judge Robinson should not have heard Mr Healey's case due to their prior solicitor-client relationship and previous EAT ruling on bias; the passage of time did not extinguish the appearance of bias given the unique history. Mr Healey did not waive his right to object as he was unaware of the recusal procedure and the Judge should have recused himself. Procedural irregularities further substantiated the appearance of unfairness.

Citation
[2012] UKEAT 0303_12_1212
Parties
Appellant: Mr John Healey; Appellant: Mr Stone; Respondent: Ms Rebecca Eeley
Jurisdiction
United Kingdom
Judgment Date
12 December 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Judgment set aside; order for rehearing before differently constituted Tribunal
Legal Topics
Apparent Bias, Recusal, Case Management, Procedural Fairness
Employment Law Judicial Conduct Apparent Bias Recusal Case Management Procedural Fairness

Case Brief

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Parties

Mr John Healey

Appellant

Mr Stone

Appellant

Ms Rebecca Eeley

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether Employment Judge Robinson should have recused himself due to prior solicitor-client relationship with Mr Healey
  2. 2 Whether procedural unfairness occurred during the hearing
  3. 3 Whether Mr Healey waived his right to object to the Judge's involvement

Ratio Decidendi

Employment Judge Robinson should not have heard Mr Healey's case due to their prior solicitor-client relationship and previous EAT ruling on bias; the passage of time did not extinguish the appearance of bias given the unique history. Mr Healey did not waive his right to object as he was unaware of the recusal procedure and the Judge should have recused himself. Procedural irregularities further substantiated the appearance of unfairness.

Court Disposition

Judgment set aside; order for rehearing before differently constituted Tribunal

Orders

  • Entire Judgment set aside
  • Case remitted for fresh hearing