It is extremely rare for a tribunal not to hear both sides at a hearing, but that is what happened in this case.
It was within the discretion of an employment tribunal chair, sitting alone, to determine a preliminary point as to the identity of the employer in unfair dismissal proceedings, holds the EAT in Sutcliffe and another v Big C's Marine and others.
An industrial tribunal chair sitting alone without lay members was entitled to hear and determine a preliminary issue as to whether the transferee of a company in liquidation could be joined as second respondent to a former employee's dismissal and discrimination proceedings, the EAT holds in Tsangacos v Amalgamated Chemicals Ltd and another.
An industrial tribunal chair sitting alone had no power to conduct a preliminary hearing to determine whether an applicant was an employee for the purposes of pursuing an unfair dismissal complaint, holds the EAT in Mobbs v Nuclear Electric plc.
In R v Southampton Industrial Tribunal ex parte INS News Group Ltd and another, the High Court holds that an industrial tribunal did not have the power to order that it should sit in private to hear evidence of a sensitive or salacious nature in a case involving allegations of indecent assault.
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