Representation:

1. an employment tribunal hearing will not be seen to be fair, and will not comply with the "fair trial" requirements of the European Convention on Human Rights art 6, if a member of an employment tribunal falls asleep or is drunk during a hearing, notwithstanding that the decision reached may have been correct and in such a case the matter should be remitted for re-hearing before a differently constituted tribunal;

2. although it is up to employment tribunals not the EAT to make judgments as to the facts of any particular case, the EAT itself can and should where appropriate make judgments of fact about the conduct of members of the employment tribunal if it is alleged that they have conducted themselves improperly.

For relevant general notes see Human Rights/fair trial and/or Procedure of Employment Tribunals/2001 rules/rule 11 - Procedure at hearing and/or Employment Appeal Tribunal/jurisdiction/fact or law? .