Bias: Risk of subconscious bias if part-time EAT judges appear as advocates before EAT
This report relates to 1 case(s)
Lawal v Northern Spirit Ltd  IRLR 538 HL (0 other reports)
- In Lawal v Northern Spirit Ltd  UKHL 35, the House of Lords holds that the correct test for subconscious bias is whether a fair-minded and informed observer, having considered the given facts, would conclude that there was a real possibility that the tribunal was biased.
- Applying this test, the practice of allowing part-time judges to appear before the EAT as advocates, where that appeal tribunal includes lay members with whom the advocate has previously sat as a judge, should be discontinued.