11KBW Employment Podcast
Higgs and Rolec: Bias on the Bench
May 17, 2023
Aileen McColgan KC discusses toxic debates and biased judges in two employment law cases. The podcast explores recusal to avoid bias, challenges of alleging bias, and trade union involvement in employee rights cases. They also delve into the concept of bias and apparent bias in the Administrative Tribunal, discuss the implications of judges using social media, and explore the distinction between apparent bias and actual bias cases in the judicial system.
27:35
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Quick takeaways
- The case of Higgs v Farmor’s School highlights the challenges in securing an objective hearing when views on gender critical beliefs are divided.
- The Rolek case emphasizes the importance of judges maintaining a fair and impartial stance throughout the proceedings to avoid apparent bias.
Deep dives
Case 1: Higgs - Apparent bias in EAT on gender critical beliefs
The case of Higgs involved a claimant who had been dismissed from a school after expressing stringent gender critical views on social media. The claimant raised concerns about the bias of an EAT lay member who held a senior position in a teaching union supportive of views she disagreed with. The EAT considered whether there was a perception of bias and concluded that a fair-minded observer might question the neutralmind of the lay member due to the union's strong stance on the issue. This case highlights the challenges in securing an objective hearing when views on gender critical beliefs are divided.
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