EAT PRACTICE AND PROCEDURE: Case management
An appeal brought by the Claimant (a Muslim) against the ET’s refusal of his application to adjourn the hearing of his claims part-heard on the third day of the hearing. This was his third application to adjourn the hearing and the first application to raise, as a ground for adjournment, the requirements of Ramadan, their effects upon him, and the need to adjourn in order to accommodate them. Application to call as fresh evidence expert opinion on religious observance and requirements during Ramadan refused in the circumstances. The ET’s discretionary decision to refuse the application to adjourn, and then to continue to hear the case in the Claimant’s absence, after he left the Tribunal, was held to have been arrived at after carefully balancing all the relevant factors in an unusual case, and not to violate the Claimant’s rights under Article 6 ECHR. Judgment upheld.
Judges:
Cox J
Citations:
[2010] UKEAT 0134 – 09 – 1401
Links:
Employment
Updated: 13 August 2022; Ref: scu.392853
