C Maloney v London Borough of Hammersmith and Fulham; C Whatford; Governing Body of Hammersmith School and D A Williams: CA 7 May 1999

The claimant sought damages from the respondents. The case was listed to be heard over 25 days, but she sought an adjournment because of her own ill health. She appealed a refusal of the adjournment. The adjournment was refused on several grounds, including the great age of the action, and the need for a speedy answer because of the effects on others. The EAT had followed Mansell and refused to set aside an interlocutory order of the Employment Tribunal.
Held: Appeals on matters not put to the EAT had to be refused. It could not be shown that the decisions of the ET and EAT were perverse. Others might have decided differently, but that was not the test.

Judges:

Lord Justice Kennedy, Lord Justice Otton And Lord Justice Clarke

Citations:

[1999] EWCA Civ 1360

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 4, Race Relations Act 1976 2, Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 8

Jurisdiction:

England and Wales

Citing:

CitedMansell v Curry 1993
Appeals against interlocutory decisions of Employment Tribunals concerning the grant of adjournments are to be deplored. . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 30 May 2022; Ref: scu.146275