Court of Appeal reasserts right of Employment Tribunal to determine the fairness of a dismissal without being charged with substitution and also provides guidance on apparent bias in the EAT

The Court of Appeal handed down judgment on 3rd July 2015 in Robert Newbound v Thames Water Utilities Ltd [2015] EWCA Civ 677 overturning the judgment of the Employment Appeal Tribunal (Slade J.) and restoring the judgment of the Watford Tribunal that Mr Newbound was unfairly dismissed. Bean LJ criticised the EAT for seeking “to stretch the band of reasonable responses to an infinite width” (s.98(4) ERA) and for failing to guard against the risk of apparent bias. David Mitchell, instructed by Waring & Co. acted for the successful appellant, Mr Newbound.