Workplace Report January 2004

Law - Tribunal procedures

Tribunal hearing

Case 4: The facts

Jasmine De Haney was asked if she would mind two members sitting on her tribunal hearing, instead of three. She agreed and signed a consent form. She later found there was no lay person who was representing employees and she withdrew her consent. The tribunal went ahead.

The ruling

The Court of Appeal held that De Haney could not have genuinely given consent because she had not been told the status of the lay members. Her claim could be presented again.

* Haney v Brent Mind Court of Appeal, 27 October 2003