Science Museum Group v Wess [2019] UKEAT 0260_18_0404 (4 April 2019)

Science Museum Group v Wess [2019] UKEAT 0260_18_0404 (4 April 2019)

The Employment Judge fell asleep twice during the hearing, creating a real possibility that the fairness of the hearing was affected; this procedural irregularity vitiated the ET's decision and required the appeal to be allowed.

Citation
[2019] UKEAT 0260_18_0404
Parties
Appellant's Counsel: Mr Tom Brown; Respondent: Ms Jane Wess
Jurisdiction
United Kingdom
Judgment Date
04 April 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; ET decision set aside
Legal Topics
Victimisation, Procedural Fairness, Burden of Proof, Bias
Employment Law Discrimination Law Victimisation Procedural Fairness Burden of Proof Bias

Case Brief

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Parties

Mr Tom Brown

Appellant's Counsel

Ms Jane Wess

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Judge's conduct (falling asleep) rendered the hearing unfair
  2. 2 Whether the Employment Tribunal correctly applied the burden of proof in victimisation claims
  3. 3 Whether the Respondent's explanation for sifting out the Claimant's application was sufficient to rebut the presumption of victimisation

Ratio Decidendi

The Employment Judge fell asleep twice during the hearing, creating a real possibility that the fairness of the hearing was affected; this procedural irregularity vitiated the ET's decision and required the appeal to be allowed.

Court Disposition

Appeal allowed; ET decision set aside

Orders

  • Remitted for rehearing before a differently constituted Employment Tribunal