Thompson v. Community Health South London NHS Trust [2001] UKEAT 1051_00_2509 (25 September 2001)

Thompson v. Community Health South London NHS Trust [2001] UKEAT 1051_00_2509 (25 September 2001)

The appearance of bias arising from a lay member of the Tribunal acting as a witness, and the unexplained decision to proceed at the original venue despite directions to transfer, are arguable points of law warranting further consideration.

Citation
[2001] UKEAT 1051_00_2509
Parties
Appellant: Ms Thompson; Respondent: Unknown (Employer/Respondent)
Jurisdiction
United Kingdom
Judgment Date
25 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Permission to appeal granted; matter to proceed to full hearing.
Legal Topics
Race Discrimination, Victimisation, Bias, Fair Hearing, Tribunal Procedure
Employment Law Race Discrimination Victimisation Bias Fair Hearing Tribunal Procedure

Case Brief

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Parties

Ms Thompson

Appellant

Unknown (Employer/Respondent)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in proceeding in the absence of the Appellant
  2. 2 Whether the presence of a witness who is also a lay member of the Tribunal created an appearance of bias

Ratio Decidendi

The appearance of bias arising from a lay member of the Tribunal acting as a witness, and the unexplained decision to proceed at the original venue despite directions to transfer, are arguable points of law warranting further consideration.

Court Disposition

Permission to appeal granted; matter to proceed to full hearing.

Orders

  • Case to be listed in Category B for a two-hour hearing.
  • Skeleton Arguments and authorities to be provided at least fourteen days before the hearing.