Workplace Report February 2003

Features: Law at Work

Representation at tribunals

Every person taking a tribunal claim has the right to be represented by the individual of their choice. In a recent case the EAT has confirmed that individuals have an unfettered right to chose their representative. The only sanction for the tribunal in cases where the advocate's actions amount to denying the right to a fair trial is to reject the claim. Provided that, as in this case, the applicant is warned that this could happen if the advocate's behaviour does not improve and is offered the opportunity to reject their advocate then the case can be dismissed.

* Edmondson v BMI Healthcare EAT/0654/01