Sinclair Roche & Temperley (A Firm) v Heard & Anor [2005] UKEAT 0637_05_2111 (21 November 2005)

Sinclair Roche & Temperley (A Firm) v Heard & Anor [2005] UKEAT 0637_05_2111 (21 November 2005)

The debarring and costs orders were legally flawed, made without proper consideration of prejudice and fairness, and in substitution for an earlier inappropriate order. The Tribunal's conduct exhibited lack of professionalism and appearance of bias, undermining confidence in its ability to fairly try the remitted hearing. The appeal is allowed, the orders are set aside, and the matter is remitted to a freshly constituted Tribunal.

Citation
[2005] UKEAT 0637_05_2111
Parties
Respondent: Sinclair Roche & Temperley; Claimant: Ms Heard; Claimant: Ms Fellows
Jurisdiction
United Kingdom
Judgment Date
21 November 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Against Interlocutory Orders and Application for Review
Outcome
Appeal allowed
Legal Topics
Disclosure of Documents, Costs Orders, Remission to Tribunal, Sex Discrimination, Case Management
Employment Law Civil Procedure Disclosure of Documents Costs Orders Remission to Tribunal Sex Discrimination Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sinclair Roche & Temperley

Respondent

Ms Heard

Claimant

Ms Fellows

Claimant

Procedural Posture

Employment Appeal Tribunal / Appeal Against Interlocutory Orders and Application for Review

Legal Issues

  1. 1 Whether the debarring order and costs order made by the Employment Tribunal Chairman were legally justified
  2. 2 Whether the appeal should be remitted to the same Tribunal or a freshly constituted Tribunal

Ratio Decidendi

The debarring and costs orders were legally flawed, made without proper consideration of prejudice and fairness, and in substitution for an earlier inappropriate order. The Tribunal's conduct exhibited lack of professionalism and appearance of bias, undermining confidence in its ability to fairly try the remitted hearing. The appeal is allowed, the orders are set aside, and the matter is remitted to a freshly constituted Tribunal.

Court Disposition

Appeal allowed

Orders

  • Debarring order and costs order set aside
  • Matter remitted to a freshly constituted Tribunal