Mr S Sheldon v Tec Reports Ltd: 2600797/2019
JUDGMENT
The Employment Tribunal Judge gave judgment as follows:-[1]My decision is to recuse myself.REASONS
[1]Mr Islam Choudhury makes an application for me to recuse myself which arises out of a case involving Mr Taylor who is a witness for Mr Sheldon in today’s proceedings. Mr Taylor brought a case against the same Respondents which I heard on 3 and 4 January 2019. A judgment was sent to the parties on 26 January and there being a request for reasons, written reasons followed and was sent to the parties on 20 February 2019.[2]In the present case Mr Griffin, the Managing Director and Mrs Davies, the Operations Manager are witnesses and they were witnesses in the Taylor case. Mr Taylor obviously was also a witness because he was the Claimant in that case. Page 1 of 2 Case No: 2600797/2019 (V)[3]I made a number of findings of fact in that case which were dependent upon the views I took as to the credibility of Mr Griffin and Mrs Davies. I was also critical of Mr Griffin, see paragraphs 24 and 28 of the reasons I have referred to.[4]The legal test in respect of recusal, both Counsel have helpfully set out for me and it is that the hearing must be free from apparent bias and the method to determine that is whether the circumstances would lead a fair minded and informed observer to conclude that there was a real possibility that the Tribunal was biased. In my view and the more I think and read the reasons, the more my recollection of the Taylor case returns.[5]I take Mr McEnerney’s point that inevitably there will be delay and there will be delay. However on balance it seems to me that the right decision is for me to recuse myself because of the adverse view I have taken on the credibility of Mr Griffin and Ms Davies. It therefore follows that I have no option but to recuse myself.[6]I invited the parties to consider Judicial Mediation but Mr Sheldon did not wish to engage. Therefore that is not an option.