Tuesday 24 February 2009

Whispering Judges

An interesting little case, this.

A tribunal gave a liability decision in 2000. However, for a combination of reasons (in part the non-cooperation of the Claimant), the remedies hearing was not able to take place until 2006, six years later.

The tribunal decided to strike out the claim on the grounds that a fair trial was no longer possible, two of the three original tribunal members having retired.

The Court of Appeal (Elias LJ giving his first employment law judgment from the Court of Appeal) held that a fair trial was still possible, and that it was no impediment that the employment judge had formed a preliminary negative impression of the Claimant. He also stated (paras. 36-37) that it is legitimate for the employment judge to share those preliminary impressions with any new wing members who are appointed to replace the retired wing members.

Abegaze v Shrewsbury College of Art & Technology

[Thanks to Paul Lewis from St John's Chambers for summarising this case for me]

1 comment:

Stephen Heath said...

Elias LJ refers to the “Olympian detachment of Rhadamanthus” but any fule kno that Rhadamanthus was never on Mount Olympus – if anything he was in the other place, Hades. So, Elias got it wrong, but aliquando bonus dormitat Homerus (even Homer nods).