Korashi v Swansea NHS Trust [2005] UKEAT 0847_04_0507 (5 July 2005)

Korashi v Swansea NHS Trust [2005] UKEAT 0847_04_0507 (5 July 2005)

No actual or apparent bias was proved; the Chairman's interventions and case management were justified and did not amount to unfairness. The Claimant failed to discharge the burden of proof for bias. The appeal is dismissed.

Citation
[2005] UKEAT 0847_04_0507
Parties
Appellant/claimant: Dr Korashi; Respondent: NHS Trust (Respondent)
Jurisdiction
United Kingdom
Judgment Date
05 July 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Bias and Apparent Bias, Case Management, Costs
Employment Law Discrimination Law Race Discrimination Bias and Apparent Bias Case Management Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Korashi

Appellant/claimant

NHS Trust (Respondent)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal Chairman was actually biased or gave the appearance of bias against the Claimant
  2. 2 Whether the Claimant received a fair hearing

Ratio Decidendi

No actual or apparent bias was proved; the Chairman's interventions and case management were justified and did not amount to unfairness. The Claimant failed to discharge the burden of proof for bias. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Costs for the wasted day to be paid by the Claimant to the Respondent, subject to consideration of Claimant's means and amount of costs.
  • Application for permission to appeal refused.