Tribunals warned about creating bias with early opinions

Employment tribunals may have to refrain from indicating the way their opinion is swinging before the end of a case, after a recent Employment Appeal Tribunal (EAT) decision.

In Jimenez v Southwark, the EAT ruled that the original tribunal chairman was wrong to tell counsel his view before the case against Southwark council under the Disability Discrimination Act 1995 ended.

The EAT - which overturned the original decision in favour of Mr Jimenez and ordered a rehearing - heard that in a meeting with barristers before final submissions, the chairman said the tribunal's preliminary view was that 'Mr Jimenez had been treated appallingly by Southwark council'.

Giving judgment in the EAT, Mr Justice Bell said: 'There was a real possibility...

that the tribunal was biased against Southwark council.'

Richard Hegarty, chairman of the Law Society's employment law committee, said tribunals should never give an indication of their opinions before the case ends.

London firm OH Parsons acted for Jimenez.

Victoria MacCallum