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Top Decision Making and Appeals topic #2249

Subject: "EMP also tribunal member" First topic | Last topic
cob
                              

Freelance welfare rights trainer/advisor, 2FG Training
Member since
17th Jul 2007

EMP also tribunal member
Tue 17-Jul-07 05:58 PM

Some time ago, there was a discussion on Rightsnet about the impartiality of a tribunal where the medical member was also an EMP.
Clearly, if the medical member had had any dealings with the appellent this would have to be mentioned and the appellent given the choice of asking for a different tribunal.
Were there any other points about the appearence of bias etc where emps sit on tribunals?

  

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Replies to this topic
RE: EMP also tribunal member, Essie, 20th Jul 2007, #1
RE: EMP also tribunal member, ken, 20th Jul 2007, #2

Essie
                              

specialist support worker, LASA
Member since
02nd Feb 2004

RE: EMP also tribunal member
Fri 20-Jul-07 10:37 AM

Have a look at the Decision in Gillis (HofL)and Farrington (CofA). Hopefully the former will answer the query, and circs that it is justified.

  

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ken
                              

rightsnet, lasa
Member since
28th Jul 2005

RE: EMP also tribunal member
Fri 20-Jul-07 10:56 AM

The House of Lords judgment in Gillies (R(DLA) 5/06) is available here.

The Court of Appeal's judgment in Farrington is available here.

It may also be worth having a look at CDLA/2379/2005.

  

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