Aspect Windows (Western) Limited v Retter (as representative of the estate of McCrorie) [2023] EAT 95

Appeal against a decision made in the Claimant's favour after a lay member posted comments on LinkedIn which suggested apparent bias. Appeal dismissed.

The Claimant was successful in her claims against the Respondent at the ET. After the case was promulgated, one of the lay members posted a comment about being involved in the case with a link to the MailOnline which reported the decision. Her post was followed and responded to by other people on LinkedIn. The Respondent complained that these comments indicated apparent bias and that the decision therefore could not stand.

The EAT dismissed the appeal. Having regard to the particular content of the posts, and applying the guidance in Magill v Porter [2001] UKHL 67 and other pertinent authorities, the fair-minded and informed observer, having considered the contents of the post, would not in all the circumstances consider that the tribunal member was biased.

Published: 01/08/2023 09:50

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