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Case Examples
Disability Discrimination Update
April 2008
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Employment Tribunals:
(formerly Industrial tribunals)
Most employment disputes which cannot be settled are dealt with by the employment tribunal. These were set up with the aim of providing a quick, cheap and informal means of settling employment disputes. It is important to note that the law governing employment tribunals has now developed to a state of extreme complexity. It is now very difficult for employees to represent themselves in employment tribunal proceedings and there is statistical evidence that unrepresented applicants have a lower chance of success than those who hire lawyers.
K, a police sergeant, made a discrimination complaint to an employment tribunal.
At the time of the hearing K was breast feeding her four-
The chairperson stated that she would not have babies, dogs or children in the tribunal and that K’s lawyer could arrange for one of her minions to look after it. K applied for the tribunal to disqualify itself on the grounds of bias. The tribunal refused and K appealed to the Employment Appeal Tribunal (EAT). The EAT stated that the moderate and temperate use of language was of vital importance but the behaviour of the tribunal had not amounted to bias.