The Employment Appeal Tribunal allowed the appellant’s application for the recusal of a lay member from hearing the instant appeal against the respondent. The appellant had filed for an application for the recusal of the lay member, AM, from the hearing of the appeal based on apparent bias. It was alleged that AM’s former position as Assistant General Secretary of the National Education Union (NEU), when that entity was campaigning on matters of educational policy, had publicly expressed clear views, on the opposite side of a heated debate to the position of the appellant. The respondent did not consent to the application for recusal. The court held, among other things, that a reasonable and well-informed observer would not see AM as an impartial judge for the appeal. Accordingly, applying the test of the fair-minded and informed observer (Porter v Magill [2002] 2 AC 357 HL), there was an appearance of bias such that the lay member should be recused from hearing the appeal.
Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.
Please contact us for a free, initial telephone consultation with a barrister.
The Financial Conduct Authority (FCA) has published Policy statement PS25/23: Tackling non‑financial misconduct in financial services, following amendment of the Code of Conduct (COCON) and the Fit and Proper test for Employees and Senior Personnel (FIT) sourcebooks. The policy statement contains final guidance on serious non-financial misconduct (NFM) in the financial services sector, and aims… >>
The President of Employment Tribunals (England & Wales), Judge Barry Clarke, has announced the launch of 18 explainer videos on YouTube aimed at improving access to justice by clarifying tribunal procedures and complex employment law for unrepresented parties. The initiative also seeks to help litigants present focused claims and responses, reducing case management time. This… >>
In Lockwood v Cheshire and Wirral NHS Foundation Trust (ET case numbers: 2401211/2024, 2407178/2024), an employment tribunal has rejected a non-binary National Health Service (NHS) worker’s complaint over repeated misgendering at work, ruling that protections under equality laws did not apply. Judge Nicky Benson ruled that Haech Lockwood, a Cheshire and Wirral NHS Foundation Trust… >>