MR M S HOTHI v SMURFIT TUBES LTD [2001] UKEAT 1297_00_0405
[1]APPEARANCES For the Appellant THE APPELLANT NEITHER PRESENT NOR REPRESENTED JUDGE WAKEFIELD This is an Ex Parte Preliminary Hearing of an Appeal by Mr Hothi against a decision of an Employment Tribunal sitting at Reading by which his applications relating to unfair dismissal, wrongful dismissal, race discrimination, victimisation and breach of the right not to be unfairly dismissed for union membership or union activities were dismissed. The decision of the Employment Tribunal promulgated on 31 August 2000 followed a two-day hearing on 22 and 23 August 2000.[2]An application for review of the decision was refused on 5 October 2000. By this latter application the Appellant raised a new issue, that of bias of the Tribunal by reason of the manner in which his case had been heard.[3]The notice of appeal, running to twelve closely typed pages, raises numerous complaints as to the findings of the Employment Tribunal which when distilled amount to no more than disagreement with the various findings of fact as set out in the decision from paragraphs 6 to 29. There is no point of law or perversity which we can identify.[4]As to the allegations of bias, we have read the comments on this which have been written by the Chairman and the two members who sat with him at the Employment Tribunal and we are satisfied that there was no bias. The Appeal cannot succeed and is dismissed.