The recently reported EAT case of Ms Bhardwaj v FDA & Others concerned allegations (amongst other things) of bias on the part of the Employment Tribunal. This was caused by rather unique and novel facts whereby, of the five individual Respondents in a 40 day hearing, three actually served as lay members of other Employment Tribunals. If that wasn’t enough, two witness (one on each side) were also lay members. This, the Appellant alleged, gave the appearance of bias. The case has been remitted for fresh hearing bu the EAT, in no uncertain terms, also suggested the parties look towards conciliation. No doubt keen to avoid, if at all possible, another 40 day-er!