Mendes v Menzies Distribution Ltd

Employment tribunal – Procedure. At the end of a pre-hearing review on the question of whether the employee had a disability (the first hearing), the employment tribunal judge concluded that the employee did have a disability but decided to give his reasons for that decision in a written judgment. The tape of the first hearing was subsequently lost. The judge conducted a re-hearing of the same issue. He refusing to recuse himself and proceeded to render the same decision again, despite the employer's protestations of bias and prejudice. The Employment Appeal Tribunal (the EAT), in allowing the employer's appeal, decided that there was a real possibility of bias at the second hearing as the judge would be bound to be influenced by his earlier decision.

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