Professional Selection & Development Ltd v. Wahab [2000] UKEAT 64_00_2610 (26 October 2000)

Professional Selection & Development Ltd v. Wahab [2000] UKEAT 64_00_2610 (26 October 2000)

The Chairman erred in law by failing to consider and record a decision under Section 4(5) of the Employment Tribunals Act 1996 as to whether to sit alone in a case involving disputed factual issues, and by refusing an adjournment in circumstances where the employer was unprepared due to a misunderstanding. This amounted to a breach of procedural fairness and natural justice, requiring the decision to be set aside and the case remitted for rehearing before a properly constituted tribunal.

Citation
[2000] UKEAT 64_00_2610
Parties
Appellant: Professional Selection & Development Ltd; Respondent: Faris Wahab
Jurisdiction
United Kingdom
Judgment Date
26 October 2000
Procedural Posture
Employment Tribunal Appeal / Full Hearing Before Appellate Tribunal
Outcome
Decision of Chairman set aside; case remitted for rehearing before a differently constituted Employment Tribunal.
Legal Topics
Employment Termination, Natural Justice, Adjournment, Tribunal Constitution, Procedural Fairness
Employment Law Employment Termination Natural Justice Adjournment Tribunal Constitution Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Professional Selection & Development Ltd

Appellant

Faris Wahab

Respondent

Procedural Posture

Employment Tribunal Appeal / Full Hearing Before Appellate Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal Chairman erred in refusing an adjournment
  2. 2 Whether the Chairman erred in proceeding to determine disputed factual issues sitting alone without considering Section 4(5) Employment Tribunals Act 1996
  3. 3 Whether there was a breach of natural justice or denial of fair hearing

Ratio Decidendi

The Chairman erred in law by failing to consider and record a decision under Section 4(5) of the Employment Tribunals Act 1996 as to whether to sit alone in a case involving disputed factual issues, and by refusing an adjournment in circumstances where the employer was unprepared due to a misunderstanding. This amounted to a breach of procedural fairness and natural justice, requiring the decision to be set aside and the case remitted for rehearing before a properly constituted tribunal.

Court Disposition

Decision of Chairman set aside; case remitted for rehearing before a differently constituted Employment Tribunal.

Orders

  • Set aside the decision of the Chairman sitting alone on 29 June 1999.
  • Remit the case to a full Employment Tribunal constituted under Section 4(1) Employment Tribunals Act 1996 for rehearing.