Williams v Cater Link Ltd [2009] UKEAT 0393_08_2307 (23 July 2009)

Williams v Cater Link Ltd [2009] UKEAT 0393_08_2307 (23 July 2009)

The judge's prior professional relationship with respondent's counsel was minimal, not ongoing, and not sufficient to require recusal. The judge's conduct did not demonstrate actual or apparent bias. The strike out of the holiday pay claim was procedurally incorrect as an unless order should have been imposed first.

Source-derived case information.

Citation
[2009] UKEAT 0393_08_2307
Parties
Appellant: Ms Williams; Respondent: Caterlink Ltd
Jurisdiction
United Kingdom
Judgment Date
23 July 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed except for the holiday pay claim, which is reinstated for hearing.
Legal Topics
Bias, Recusal of Judge, Strike Out Applications, Unfair Dismissal, Race Discrimination, Holiday Pay
Employment Law Bias Recusal of Judge Strike Out Applications Unfair Dismissal Race Discrimination Holiday Pay

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Williams

Appellant

Caterlink Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Judge was actually or apparently biased
  2. 2 Whether the prior professional relationship between the judge and respondent's counsel required recusal
  3. 3 Whether the strike out of the holiday pay claim was procedurally correct

Ratio Decidendi

The judge's prior professional relationship with respondent's counsel was minimal, not ongoing, and not sufficient to require recusal. The judge's conduct did not demonstrate actual or apparent bias. The strike out of the holiday pay claim was procedurally incorrect as an unless order should have been imposed first.

Court Disposition

Appeal dismissed except for the holiday pay claim, which is reinstated for hearing.

Orders

  • Allegation of bias rejected; appeal dismissed on that ground.
  • Strike out of holiday pay claim set aside; claim to proceed if further information provided within 21 days.