The Claimant in the original proceedings appealed to the EAT after his unsuccessful claim at the ET. He asked the EAT judge to recuse himself after the judgment was written but before it was handed down. The Claimant alleged that the judge was biased because the Claimant had previously complained about the judge in 2022.

The recusal application was refused. The judge said that the application was totally without merit and was another example of the Claimant's vexatious behaviour in his claims in the ET and appeals to the EAT.