GFTU Emplaw Emplaw Emplaw

Whyte v The London Borough Of Lewisham - illogical for successful claimant to allege bias

An allegation on appeal of bias on the part of an Employment Judge by a claimant who had succeeded in his claim is "wholly illogical" and, where appropriate, likely to result in a costs order.

A somewhat strange case, where Mr Whyte won his unfair dismissal claim against LB Lewisham, yet was dissatisfied with this judgment in his favour. Believing that his claim of automatic unfair dismissal based on a protected disclosure should also have succeeded, he appealed to the EAT alleging bias on the part of the Employment Judge.

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