Employment tribunal bias, procedural irregularity and application for recusal
Employment tribunal bias, procedural irregularity and application for recusal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Employment tribunal bias, procedural irregularity and application for recusal
  • Recusal
  • Bias
  • Costs applications and apparent bias
  • Improper conduct and procedural irregularity
  • Failure to put some part of a party’s case to the opposing party
  • Inattentiveness by the tribunal

Employment tribunal bias, procedural irregularity and application for recusal

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

On occasion, one or more parties may become unhappy with the tribunal that is hearing the case, or an individual member of that tribunal.

This may be, for example, that a member of the tribunal is related to, or a friend of, one of the parties or one of the witnesses, or it is known that a tribunal member has a significant shareholding in the respondent company, and it therefore seems inappropriate for that member to try the case.

Dissatisfaction with a tribunal may also arise by virtue of the way in which a party perceives a tribunal to be handling the case. That party may form the view that the tribunal is repeatedly behaving in a biased manner towards it, eg by ruling against it on a series of points that arise for decision during the hearing and/or by its manner towards the party and its witnesses.

In either case, it is open to parties to apply to the tribunal to

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