Labour & European Law Review
28 April 2016
The theme of this year’s Workers’ Memorial Day, which takes place on 28 April, is “Strong Laws, Strong Enforcement and Strong Unions”. The purpose behind the annual event is to raise awareness of the number of workers who lose their lives every year as a result of their work by “remembering the dead and fighting for the living”. In other words, to remember all those killed through work, while at the same time ensuring that such tragedies are not repeated.
When hearing cases, tribunal judges must be objective and impartial. In Nawaz v Docklands Buses Ltd, the Employment Appeal Tribunal (EAT) held that the tribunal judge had behaved in a way that gave rise to apparent bias so that a “fair-minded observer” would conclude that there was a real possibility of bias.
When trying to decide if a tribunal has jurisdiction to hear a case, the law says it has to find a “sufficiently strong connection” with Great Britain. In ESS Support Services LLP v Pabani & Compass Group plc, the Employment Appeal Tribunal (EAT) held that “sufficiently” has to be understood as “sufficient to displace that which would otherwise be the position”.