Can you please confirm if I am correct in my thinking that a review following a tribunal hearing should be heard by the full tribunal, where a full tribunal heard the original case? I have come across an instance of a judge sitting alone reviewing a decision of a full tribunal with the outcome that the claimant has been asked to refund the amount paid by the respondent.
Many thanks and regards
Alasdair Taylor's Answer
Generally speaking, a review should be heard by the judge or tribunal which made the decision under review. If the decision under review was made by a full tribunal, the review should be by that tribunal. If the review is of a decision of a judge sitting alone, then the review should be conducted by that judge sitting alone. However, if it is not practicable (perhaps for availability reasons), then the different judge or full tribunal (as the case may be) can be appointed where the review derives from an application from one of the parties. See rule 36(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
It may be worth investigating with the Tribunal the basis for the judge sitting alone. If the review came about at the initiative of the tribunal, then it may be an appeal point.