Balakumar v Imperial College of Health Care NHS Trust UKEAT/0252/16/RN

Appeal against the ET’s finding that a remark made by the EJ to the Claimant’s counsel did not give rise to a conclusion of apparent bias. Appeal dismissed.

The Claimant brought claims of unfair dismissal, pregnancy or maternity discrimination, race discrimination, and disability discrimination by association against the Respondent organisation. During the ET hearing, after the latest of a number of adjournments, the EJ misheard some words spoken by the Claimant's counsel and responded with words to the effect of "you could have told me, there is no need to lie". All of the substantive claims were dismissed, but the Claimant appealed in relation to the EJ's remark.

The EAT held that the fair-minded informed observer would conclude that the EJ's remark, while intemperate and inappropriate, did not raise any general or real possibility of the appearance of bias.

Published: 22/01/2019 10:24

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