EAT PRACTICE AND PROCEDURE
Postponement or stay
Time for appealing
The Employment Judge refused the Claimant’s application for a postponement of a Pre Hearing Review. The Respondent did not object. She appealed. The Tribunal then postponed the PHR. The appeal was rejected on the sift. The Claimant did not apply under Rule 3 within 28 days and the Registrar correctly refused to extend time.
In any event the appeal would fail all three tests in rule 3(7): it is an abuse of the process of the EAT as the appeal is academic and the remedy is now out of reach, it will obstruct the just disposal of the Employment Tribunal proceedings, and it has no prospect of success being an interim appeal against a case management decision: Caston per Longmore LJ.
The Claimant did not make out her claim as a victim under ECHR Arts 3, 4, 5, 6, 8, 9, 10 and 11.
Judges:
McMullen QC J
Citations:
[2010] UKEAT 1510 – 09 – 2304
Links:
Jurisdiction:
England and Wales
Employment, Human Rights
Updated: 18 August 2022; Ref: scu.415917
