Appearance of bias

Case 6: The facts

At the start of Lara Hutt’s unfair dismissal hearing, the tribunal chair told her employer that it might have some difficulty defending her claim. During the hearing, the employer conceded that it had unfairly dismissed Hutt, and she was awarded compensation. The employer then appealed, alleging that the chair’s comments had prejudiced the case.

The ruling

The Employment Appeal Tribunal held that it was important for justice to be seen to be done, and the impression that the case had been prejudged was an impression of bias. The tribunal chair had not made it clear that he was expressing only a provisional view, and an objective observer could have take his comment to mean that there was no merit in the employer’s defence, which was at risk of putting pressure on them not to pursue it.

The case was remitted to a new tribunal.

Chris Project v Hutt EATS/0065/05