Employment Judge’s Interventions Gave Rise to Apparent Bias – EAT Ruling

Judges are entitled to robustly manage the cases that come before them, but what they cannot do is give even an impression that they are taking sides. In a case on point, an employment judge’s interventions during a hotly contested hearing were found to have crossed the line into apparent…

Apr 19, 2023

Pexels mart production 7643794 1024x683

Judges are entitled to robustly manage the cases that come before them, but what they cannot do is give even an impression that they are taking sides. In a case on point, an employment judge’s interventions during a hotly contested hearing were found to have crossed the line into apparent bias.

Following a hearing, which was held via video link during the COVID-19 pandemic, the employment judge upheld an office administrator’s complaint of constructive unfair dismissal. The employer challenged his decision before the Employment Appeal Tribunal (EAT), asserting that his interventions indicated that he had pre-determined important issues in the case.

Ruling on the matter, the EAT rejected most of the employer’s complaints. The employment judge was anxious to ensure that the claimant, who was acting in person, was not disadvantaged by her lack of legal representation. Most of his interventions fell into the category of legitimate case management.

In allowing the appeal, however, the EAT found that some of his remarks suggested that he had made up his mind on certain points before hearing full evidence. He had, amongst other things, questioned the employment law experience of the employer’s representative in an uncalled-for and pejorative manner and had expressed a preliminary view that the employer’s case on one issue was hopeless.

Adopting the neutral position of an informed and impartial observer, the EAT found that certain of the employment judge’s interventions gave rise to an appearance of bias. On at least three occasions during the hearing, he gave the appearance of having taken a side. The EAT directed a fresh hearing of the case before a differently constituted Employment Tribunal.

Workplace Relationships Broken Down? Always Avoid a Knee-Jerk Response

Where irresolvable differences of opinion render an employment relationship entirely unworkable, dismissal may be justified. However, as one case showed, a knee-jerk response is never wise and a failure to allow time for reflection and the observance of proper procedures is likely to have serious financial consequences. The case concerned the chief operating officer and founder of a technology company whose relationship with his co-founders had become so strained that a psychologist…

Restructuring Exercises and Redundancy – Guideline EAT Ruling

Not every corporate restructuring or cost-cutting exercise gives rise to a genuine redundancy situation. The Employment Appeal Tribunal (EAT) made that point in addressing a risk manager’s unfair dismissal claim. Following a review of its business with a view to cutting costs, the woman’s employer resolved to consolidate its three risk teams into two. She and another risk manager were warned that they were at risk of redundancy. Following consultation and a selection process – in which she was…

Age Discrimination, Redundancy and the Burden of Proof – Guideline Ruling

Where an older employee is treated less favourably than a younger one in a similar position, the burden shifts onto the employer to prove that age discrimination had no effect on its decision-making. An Employment Tribunal (ET) made that point in the case of an administration manager who was made redundant at the age of 67. The man had worked for a car sales company for more than 20 years when he was selected for redundancy. He contended that his dismissal was pre-determined and motivated by…