Chair sitting alone

Case 8: The facts

Mr Wilkinson brought a claim for breach of contract and unlawful deduction of wages because his employer had failed to pay his final month's salary. The employer alleged that he had already been working for a new employer.

The hearing was adjourned when one of the witnesses failed to appear, and the tribunal then dealt with applications for orders - including the old employer's request that the tribunal should order the new employer to provide a copy of Wilkinson's CV. The tribunal refused and the employer appealed, mainly on the grounds that it was unclear whether the decision was made by the chair alone or by the full panel.

The ruling

Where a full tribunal has been convened for a hearing, the Employment Appeal Tribunal (EAT) said, any decisions must be made by the full panel. However, a chairperson sitting alone does have power to make case management decisions.

In this case, the EAT held that - although it could have been made clearer - the hearing before the full panel had already been adjourned when the chair dealt with the applications. It also found that the chair had been right to refuse disclosure of the CV.

Magenta Security Services v Wilkinson UKEAT/0385/06