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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Thompson v Environmental Services Group Ltd [1997] UKEAT 206_97_1202 (12 February 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/206_97_1202.html Cite as: [1997] UKEAT 206_97_1202 |
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| At the Tribunal | |
Before
HIS HONOUR JUDGE C SMITH QC
MR R H PHIPPS
MR E HAMMOND OBE
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
| For the Appellant | NO APPEARANCE BY OR ON BEHALF OF THE APPELLANT/RESPONDENTS |
| For the Respondents |
JUDGE C SMITH QC: With regard to the Witness Summons, this appeal is allowed for the reasons set out in the Notice of Appeal under Grounds of Appeal at paragraphs 1-3.
With regard to the application for a different Chairman we consider that, since the Chairman has expressed a view in the letter of 11 February 1997 as to the basis upon which the dispute should be decided, it might possibly be better if the claim were to be listed before a different Chairman.
We should emphasise that we do not intend any criticism of the Chairman. It is simply because of the reasons which he has given for refusing the Summons that it might possibly be appropriate to spare him possible embarrassment that a different Chairman should hear the substantive case. However, any such application will have to be made to the Industrial Tribunal on notice to the other side. It is not a matter which we can deal with ex parte. At the end of the day, it must be entirely for the Chairman himself to decide, after hearing any submissions made to him, whether he can properly continue to hear the case or whether another Chairman should take it.
