Conduct of hearing

Case 4: The facts

Mrs Moir was dismissed after refusing to accept a detrimental change to her contract that her employer said was necessary owing to financial pressures. She brought an unfair dismissal claim, in which she was represented by her husband.

Mr Moir was dissuaded from questioning the employer about its accounts by the tribunal chair, who said that the employer could not rely on a financial case to justify the dismissal. But the tribunal later referred to the employer's financial difficulties and a need to make savings as justification for Moir's dismissal, which it judged to be fair.

The ruling

The Employment Appeal Tribunal held that the chair's unfair intervention would lead an impartial observer to say that there had not been a fair hearing, and Moir had been deprived of pursing an important line of cross-examination. The tribunal's decision would therefore be set aside and the issue of whether there was a substantial other reason for dismissal would be reheard.

Moir v Heart of England Housing and Care UKEAT/0918/04