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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Francis v London Borough Of Hammersmith & Fulham [1993] UKEAT 212_93_2911 (29 November 1993) URL: http://www.bailii.org/uk/cases/UKEAT/1993/212_93_2911.html Cite as: [1993] UKEAT 212_93_2911 |
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At the Tribunal
Before
THE HONOURABLE MR JUSTICE TUCKER
MR A FERRY MBE
MR J H GALBRAITH CB
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
Revised
APPEARANCES
For the Appellant MR C GUTZMORE
(TRADE UNION
OFFICIAL)
MR JUSTICE TUCKER: This is a case in which serious allegations are made against the Chairwoman of an Industrial Tribunal. She is accused of being racially biased. Affidavits were called for at an early stage of this appeal. They were not forthcoming but they have been produced today, at a very late stage, and of course at a stage at which it has been impossible for the Chairwoman of the Tribunal to comment upon them, or to file any Affidavit in reply. We do not think it right that we should reach any decision without allowing her to see those Affidavits and to comment upon them and to file an Affidavit in reply if she feels fit.
This Tribunal is here to do justice between parties. That has been one of the arguments which Mr Gutzmore has been advancing. He has referred to natural justice. Natural justice requires that those against whom serious allegations of their conduct in a professional capacity are made, should be able to respond to them. What we propose to do is to reserve our judgment on this Preliminary Hearing. We direct that copies of these Affidavits be forwarded to the Chairwoman of the Tribunal concerned and we invite her comments on them, preferably within the three weeks in which I am sitting at this Tribunal, that is to say before 20 December 1993.
We find it a matter of great regret that Affidavits containing such serious allegations should not have been filed at a much earlier stage.
