Employment Appeal Tribunal Upholds Judge Alone Ruling in Discrimination Case
The Employment Appeal Tribunal has rejected an appeal regarding a judge sitting alone, affirming that procedural discretion was applied correctly under updated guidance.
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EAT Rejects Appeal Over Tribunal Panel Composition
The Employment Appeal Tribunal (EAT) has dismissed an application for permission to appeal in a case concerning the composition of an employment tribunal panel. The claimant, Mr M Mostafa, challenged an earlier decision to proceed with a judge sitting alone for his race and religion discrimination claims.
The original hearing was scheduled before a full panel, but members were not booked due to administrative oversight. Employment Judge T Perry exercised discretion to proceed with the case as a judge sitting alone, a decision the claimant later argued was procedurally unfair.
Tribunal's Discretion Supported by Guidance
In the EAT judgment, Judge J Keith clarified that the tribunal judge had correctly applied the Joint Presidential Guidance on panel composition, which was updated in October 2024. The guidance provides flexibility for tribunals to proceed with a judge alone if they encounter practical difficulties in securing panel members.
The EAT found that the original judge possessed the discretion to change the panel composition. Furthermore, the EAT rejected the claimant's argument that he had been denied a fair trial due to a lack of informed consent. Judge Keith noted that the presiding judge had consulted the parties, and the decision to proceed alone prevented significant and unnecessary delays to the proceedings.
No Error in Law Found
Mr Mostafa further contended that the original tribunal failed to scrutinise his evidence properly. However, the EAT concluded this was a generalised assertion lacking particularity. Judge Keith endorsed the previous findings that the original judge had carefully directed themselves to the relevant law and provided proportionate reasons for their decision.
Ultimately, the EAT found no arguable error of law in the original tribunal's conduct. The application for permission to appeal was refused, bringing an end to the matter.
Read the entire judgment here: Mr M Mostafa v Mrs J Julier and Miss C Slater [2026] EAT 122
