1 User Commentary
30 August 2011
Case management powers of employment judge
The Employment Appeal Tribunal handed down judgment in the matter of McBride v Standards Board for England  UKEAT 0092_09_0506 on 5th June 2009. Mr. McBride had entered an appeal against case management orders which regulated matters of evidence and the attendance of certain witnesses. Mr. McBride, amongst other grounds, claimed these orders offended article 6 of schedule 1 to the Human Rights Act 1998 c. 42.
The Appeal Tribunal discussed earlier case law including Chelsea Football Club plc v Smith  UKEAT 0262_08_2306 and Peric v Croatia Application no. 34499/2006. Dismissing the majority of the appeal, the Appeal Tribunal held that Mr McBride’s right under article 6 was to have a fair trial, and that article 6 did not stipulate any rules on the admission of evidence or how this was to be determined. The Appeal Tribunal amended elements of the lower orders as a result of the parties’ agreed suggestion.
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