Tribunal bias

Case 1: The facts

Dr Korashi brought an unsuccessful claim of race discrimination, then appealed on the grounds that the tribunal chair had exhibited bias.

The ruling

The Employment Appeal Tribunal said that the test of whether there was actual or apparent bias was whether a fair-minded and informed observer would conclude that this was a real possibility.

It found that the tribunal chair had had a duty to manage the case within the time and to keep it on track, and that her interventions had not been unfair. She had correctly reined in inappropriate questions and required Korashi to use time for cross-examination appropriately. Korashi's appeal was rejected.

Korashi v Swansea NHS Trust UKEAT/0847/04