Private meeting with police looked biased

In Begraj and another v Heer Manak Solicitors and others the EAT has upheld a Tribunal decision that it was correct to cease hearing a long running case after the employment judge met privately with two police officers, and the officers passed on information which was prejudicial to one of the parties. The judge initially failed to reveal that the meeting had taken place, which indicated that if a judge was prepared to act in a way which would prejudice one of the parties, this would also prejudice the Tribunals’ impartiality. The hearing was abandoned after 30 days of evidence, at considerable cost, both to the parties and the public purse. However the EAT was adamant that this was irrelevant compared to the importance of ensuring that Tribunal impartiality is never compromised. The EAT went on to give guidance to Tribunals on how to act in the future in similar cases.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.