Fairness of hearing

Case 6: The facts

When Ms Hendrie's employer failed to submit a response to her claim, the tribunal issued a default judgment, upholding her claim without going to a hearing. The employer asked for a review of the judgement, and submitted a late response to Hendrie's claim.

The hearing was held by a chairperson sitting alone, but in the presence of a trainee lay member. The chair refused the application on the grounds there was no good reason for the defence being submitted late, and that it had no reasonable prospects of success. The employer appealed, arguing unfairness because the trainee lay member had been present and because there had been "laughing and joking" coming from the deliberation room.

The ruling

The Employment Appeal Tribunal held that there was no bias or impropriety: the chair had explained who the lay member was, and he had not taken part in the decision-making process; the employer had been able to make submissions; the chair had taken time to consider his decision; and the fact there was some laughter did not mean that the decision was not carefully considered.

Forbes Robertson t/a 19th Gold Theme Bar v Hendrie UKEATS/0035/06