From NW
We have it - C says R "misunderstands the Claimant's submissions. Her contention is not that Mr Mckeown shares the view of the Union or that all members or officers share the same political opinions; there is no...
"evidence of either. Her contention is that as a very senior and long-standing officer of the Union, the fair-minded and informed observer would reasonably fear that Mr McKeown...
... might be swayed by loyalty to the Union’s officially-endorsed positions, which was the conclusion arrived at by the EAT in Higgs v Farmor’s School."
On to the contention that the judge cannot sit alone:
"the relevant provisions are as follows. Article 6(1) of the Its(NI) Order 1996 provides: “(1) Subject to the following provisions of this Article... proceedings before an...
... industrial tribunal shall be heard by (a) the person who, in accordance with regulations made under Article 3(1), is the chairman, and...
... (b) two other members, or (with the consent of the parties) one other member…"
"Paragraphs (2) and (3) provide for certain kinds of proceedings to be heard by a chairman (now employment judge) alone...