“…pkin suggested is, in my judgment, inconsistent with the limits of the role of such judges as explained by this court in Mensah v. East Hertfordshire NHS Trust [1998] EWCA Civ 954; [1998] IRLR 531 (see paragraphs [14] to [22] and the cases there cited by Peter Gibson LJ). Of course an employment judge, like any other judge, must satisfy …”
“… in each case how far they can properly assist litigants in this way, but it is not an error of law to fail to do so: see Mensah v East Hertfordshire NHS Trust [1998] EWCA Civ 954; [1998] IRLR esp. paras. 14-22 per Peter Gibson LJ; and Muschett v HM Prison Service [2010] IRLR 451, para. 31 per Rimer LJ. Even less is the employer, as the …”