What Happens If a Panel Member Has a Conflict of Interest?

What happens if a panel member has a conflict of interest.

Understanding Conflict of Interest in Tribunals

What constitutes a conflict of interest A conflict occurs when a judge or lay member has a personal connection or interest in the case outcome—or when a reasonable observer would perceive bias. Even an appearance of unfairness can be enough.

Why this matters A fair tribunal must be "seen to be done." If a panel member has a conflicting interest and doesn't withdraw, the decision could be challenged, and you may not get a just hearing.

Types of Bias That Lead to Recusal

Actual bias This involves evidence that a member has prejudged the case or has a vested interest—such as financial involvement or personal connection. Proving this requires strong evidence and is rare.

Apparent (or perceived) bias This is broader: if a fair-minded person would suspect bias (for example, a lay member who publicly criticises a case topic), recusal may be necessary—even without proof of actual prejudice.

How the Tribunal Handles Conflicts

Voluntary recusal If a tribunal member recognises a conflict or bias, they typically step aside and inform the panel.

Raised by a party If you believe someone is biased, raise it early. Provide examples (e.g., social media posts or relationships). The tribunal may ask for written evidence and observations from all parties before deciding.

If recusal is refused You can appeal to the Employment Appeal Tribunal, focusing on whether bias might have affected fairness—the standard is what a fair-minded observer would conclude.