Employment tribunal procedures

Employment tribunal members must not be biased in any way and should, for example, excuse themselves where they are known to either of the parties. This does not mean that they can never hear a case if their relationship is casual. The EAT has held that the fact that one side's representative sat as a chair on a tribunal and therefore knew some of the tribunal members was not enough to make the hearing unfair. Acquaintance, particularly on a professional as opposed to social basis, does not suggest partiality, according to the EAT.

* Skelton v Salvesen Logistics EAT/151/02

Employees can agree to "compromise" (settle) claims as an alternative to going to a tribunal. Any claim compromised cannot be pursued as a new claim at the tribunal. However, unless the agreement clearly shows an intention to compromise future claims, the employee can still pursue these at a tribunal.

* Royal National Orthopaedic Hospital Trust v Howard EAT/861/01