Bhardwaj V First Division Association (FDA) & Ors (Practice and Procedure : Bias, misconduct and procedural irregularity) [2012] UKEAT 0157_11_0111 (01 November 2012))

Bhardwaj V First Division Association (FDA) & Ors (Practice and Procedure : Bias, misconduct and procedural irregularity) [2012] UKEAT 0157_11_0111 (01 November 2012))

The Appellant, having been fully informed and given unpressured opportunity to decide, validly waived any objection to apparent bias; no procedural irregularity occurred as all Tribunal members were present and parties agreed to proceed; no real possibility of bias was established.

Citation
[2012] UKEAT 0157_11_0111
Parties
Appellant: Ms Bhardwaj; Respondents: FDA, Ms Crighton, Mr Whiteman, Ms O'Toole, Mr Sampson, Ms Gethin
Jurisdiction
United Kingdom
Judgment Date
01 November 2012
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Judgment and Refusal to Review
Outcome
Appeal dismissed
Legal Topics
Apparent Bias, Waiver of Bias, Procedural Irregularity, Employment Tribunal Membership, Discrimination
Employment Law Judicial Procedure Apparent Bias Waiver of Bias Procedural Irregularity Employment Tribunal Membership Discrimination

Case Brief

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Parties

Ms Bhardwaj

Appellant

FDA, Ms Crighton, Mr Whiteman, Ms O'Toole, Mr Sampson, Ms Gethin

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Judgment and Refusal to Review

Legal Issues

  1. 1 Whether the Employment Tribunal was affected by apparent bias due to Respondents' appointment as Tribunal members
  2. 2 Whether procedural irregularity occurred due to lay members' exclusion from decisions
  3. 3 Whether waiver of bias was valid

Ratio Decidendi

The Appellant, having been fully informed and given unpressured opportunity to decide, validly waived any objection to apparent bias; no procedural irregularity occurred as all Tribunal members were present and parties agreed to proceed; no real possibility of bias was established.

Court Disposition

Appeal dismissed

Orders

  • All grounds of appeal dismissed
  • No further orders