In Swansea City and County Council v Abraham [2025] EAT 93, the Employment Appeal Tribunal dismissed an appeal against an employment judge’s refusal to recuse herself from a case management hearing in an equal pay multiple claim. The respondent local authority argued that the judge’s previous role as a solicitor supervising equal pay litigation against Welsh local authorities, involving some of the same claimants, gave rise to apparent bias.
The EAT held that the judge had applied the correct legal test from Porter v Magill [2002] 2 AC 357, namely whether a fair-minded and informed observer would conclude there was a real possibility of bias. It rejected the respondent’s submission that the “precautionary principle” was part of that test, clarifying that while such an approach may be pragmatic in pre-trial situations, it is distinct from the legal standard itself.
The employment judge had properly taken into account that her professional involvement in earlier equal pay litigation ended more than a decade earlier, and that the respondent had not identified any concrete factual overlap capable of influencing her case management decisions.
The EAT also dismissed arguments based on natural justice, finding no error in the judge’s reliance on Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451 without prior notice. That authority is well-established, frequently cited in apparent bias cases, remains binding, and had been indirectly referenced in submissions. It was further confirmed that it was appropriate for the recusal application to be determined by the judge herself, consistently with British Car Auctions v Adams UKEAT/0159/12/SM, Locabail, and Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 1515.
While upholding the refusal to recuse at the case management stage, the EAT stressed that vigilance would be required as the matter progressed to a full merits hearing, since more specific factual overlaps might later justify reconsideration. This decision underlines the narrow application of the apparent bias test, the continuing relevance of Locabail and related authorities, and the principle that judges may hear recusal applications against themselves, subject to ongoing scrutiny as proceedings develop.
Swansea City & County Council v Mrs D Abraham and Others [2025] EAT 93
