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GRIEVANCE HEARINGS: Beware of apparent bias

23 September 2011  

The presence of a person on an employer’s grievance hearing panel who was perceived to be biased could amount to a fundamental breach of contract and give rise to a constructive unfair dismissal, explains David Ludlow

Employment lawyers are used to advising employers on the need to avoid the appearance of bias when deciding who should sit on disciplinary panels in cases of alleged misconduct. It is well established that the essential elements of the rules of natural justice are the right of the accused to state a case and to be subject to an unbiased tribunal.

Additional Info

  • Case(s) Referenced:

    Malik v Bank of Credit; Mahmud v Bank of Credit [1997] UKHL 23

    Porter v Magill [2001] UKHL 67

    Slater v Leicestershire Health Authority [1989] IRLR 16

    WA Goold (Pearmak) Ltd v McConnell [1995] UKEAT 489/94/2804

    Watson v University of Strathclyde UKEATS/0021/10/0102

Last modified on 19 June 2015