The Claimant’s case and that of Dr Benaris with whom she worked were initially consolidated but then were deconsolidated. The Benaris tribunal dismissed all of her claims. The Claimant applied for the recusal of the three member tribunal because of allegedly trenchant findings by the Benaris tribunal in respect of two reports which were relevant in both cases. She also contended that the Benaris judgment should not go before the tribunal in her case. Both applications, to recuse and to prevent the judgment going before the tribunal, were refused. The Claimant appealed.

The EAT dismissed the appeal, holding that the tribunal judge had been correct not to recuse himself or either of the lay members. Further, although there was jurisdiction in the tribunal to exclude the Benaris tribunal judgment, it was not necessary to do so.