Employment tribunal – Procedure. The employment tribunal dismissed the employee's claim for constructive unfair dismissal against the employer, but declined to determine whether there was a TUPE transfer. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that whether there had been a TUPE transfer of employees had not been an issue for the tribunal to determine and, although the tribunal judge's choice of language at one point during the hearing had been open to criticism, a fair-minded and informed observer would not have thought there was a real possibility of bias.