GFTU Emplaw Emplaw Emplaw

Jabeen v Tower Hamlets PCT - No evidence that judge, out of bias, reversed a "pre-announced judgement" later in hearing [2009] EAT

Although a judge can change his mind, (although he must indicate that he is doing so and invite further submissions) that simply did not happen in this case

The parties in this case had a long history of proceedings: all bar one of Ms Jabeen's previous claims had been dismissed following a 15 day trial. In this instance an employment judge dismissed claims of unfair dismissal and discrimination on grounds of race, disability, and religion. Ms Jabeen appealed, alleging bias. She claimed that the judge had heard evidence and arguments in the morning, given judgment in her favour on the time points, and then come back after lunch and instead given a decision in favour of the PCT.  Perhaps unsurprisingly Ms Jabeen lost at a preliminary hearing in the EAT, which found no procedural irregularity and no bias.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.