United Kingdom Employment Appeal Tribunal

BAILII case number: [1993] UKEAT 212_93_2911

Appeal No. EAT/212/93

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 29 November 1993

Before

THE HONOURABLE MR JUSTICE TUCKER

MR A FERRY MBE

MR J H GALBRAITH CB

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MISS D FRANCIS          APPELLANT

LONDON BOROUGH OF HAMMERSMITH & FULHAM          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised


 


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APPEARANCES

For the Appellant MR C GUTZMORE

(TRADE UNION

OFFICIAL)


 


MR JUSTICE TUCKER: This is a case in which serious allegations are made against the Chairwoman of an Industrial Tribunal. She is accused of being racially biased. Affidavits were called for at an early stage of this appeal. They were not forthcoming but they have been produced today, at a very late stage, and of course at a stage at which it has been impossible for the Chairwoman of the Tribunal to comment upon them, or to file any Affidavit in reply. We do not think it right that we should reach any decision without allowing her to see those Affidavits and to comment upon them and to file an Affidavit in reply if she feels fit.

This Tribunal is here to do justice between parties. That has been one of the arguments which Mr Gutzmore has been advancing. He has referred to natural justice. Natural justice requires that those against whom serious allegations of their conduct in a professional capacity are made, should be able to respond to them. What we propose to do is to reserve our judgment on this Preliminary Hearing. We direct that copies of these Affidavits be forwarded to the Chairwoman of the Tribunal concerned and we invite her comments on them, preferably within the three weeks in which I am sitting at this Tribunal, that is to say before 20 December 1993.

We find it a matter of great regret that Affidavits containing such serious allegations should not have been filed at a much earlier stage.