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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Alstom Traction Ltd v. Birkenhead & Ors [2002] UKEAT 1131_00_1501 (15 January 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/1131_00_1501.html Cite as: [2002] UKEAT 1131__1501, [2002] UKEAT 1131_00_1501

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APPEARANCES

 

For the Appellant	JOHN HAND QC Instructed by: Messrs Nightingales Solicitors 127 Buxton Road High Lane Stockport Cheshire SK6 8DX
For the Respondents	TIMOTHY BRENNAN QC Instructed by: Messrs Rowley Ashworth Solicitors 247 The Broadway Wimbledon London SW19 1SE


 


MR RECORDER LANGSTAFF QC

1. In this matter it was discovered by Ms Switzer, one of the Industrial Members last night when she reviewed the papers that she had by reason of the formation of AMICUS by the amalgamation of two predecessor unions in January that she was a member of the union which stands behind the employees in the present case.
2. We informed Mr Hand who appears for the Appellant employer of this at the outset of today's hearing. He took instructions. Understandably he made the application that the appearance of bias through interest was such that he regrettably did not think that it was right that the hearing could or should be determined by this panel as presently constituted. We think that objection is well founded and propose to accede to it. We are comforted in that by the fact that Mr Brennan who appears for the employees does not seek to dissuade us from that course, indeed recognises its force.
3. Notwithstanding the inconvenience, which is regretted, to the parties who have come some distance, we have no alternative but to stand the hearing over to a freshly constituted panel on a date convenient to the parties. There is no other lay member available, and the panel had discussed generally some of the points which arise such that it would not be proper for us to continue on our own even if that were acceptable to the parties.
4. We understand that a date convenient to all is 17 June this year, with a time estimate of 1 day.