EAT PRACTICE AND PROCEDURE – Postponement or stay
C had asked for a case to be transferred nearer to his home address. This request was based on his wife’s condition – he said he needed to care for her throughout most of the day. This request was rejected as unsupported by medical evidence. 6 days prior to a PHR (arranged some time previously) to consider jurisdiction (on time grounds) C asked for a postponement; two days later he supplied a medical report, redacted, which probably related to his partner’s condition. His request for postponement was rejected by an EJ without reference to the request for transfer (which would have rendered the postponement probably unnecessary) and the medical report.
Held: A discretion of this sort would rarely be subject to successful appeal, unless Wednesbury grounds applied. Here, they did, since a relevant consideration had not been taken into account. The case had been due to start on the day of the appeal: the next date it was listed was in two days time, and the question of venue and postponement would be remitted to the EJ for reconsideration at that hearing. C could attend (as he had offered) by telephone.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 1919 – 12 – 2611
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 November 2022; Ref: scu.466568