EAT was unequal

Haney v Brent Mind and another CA TLR 11 November

Section 28 (2) of the Employment Appeals Tribunals Act 1996 provides that an appeal shall be heard by a judge and either two or four appointed members, so that in either case there is an equal number of representative employers and employees. Subsection (3) provides that an appeal may be heard by a judge and one appointed member by consent. At the hearing, the claimant was unrepresented and consented to there being only one lay member. She subsequently discovered that the lay member was the representative of the employer and withdrew her consent.