Tribunal panels

I frequently represent members at employment tribunals and at the Employment Appeal Tribunal (EAT). I have just found out that the company barrister, who will be acting for the other side in a case involving one of my members, also sits as a tribunal chair. Furthermore he has recently chaired a tribunal with a lay member who will also be sitting in the case I am representing. I think this could influence the tribunal's decision. Can I challenge it?

This issue came up in a case recently heard by the House of Lords, the UK's highest appeal court. It held that the present practice of allowing a barrister to represent individuals in these circumstances "tends to undermine public confidence in the system". According to the law lords, the practice "should be discontinued". You should use this case to argue that your appeal should be heard in front of a differently constituted tribunal.

* More information: Lawal v Northern Spirit [2003] UKHL 35