Practice and Procedure
1. The Claimant, who had been assisted by her daughter at earlier hearings, required emergency dental treatment on the day and at the time fixed for the hearing of the Respondents’ application for an order striking out her claims on the basis that a fair hearing was no longer possible.
2. The Employment Tribunal erred in failing to take account of the information provided to it that the Claimant had developed an excruciatingly painful abscess and had had to seek immediate medical attention and that the Claimant and her daughter would be attending an emergency dental appointment starting at 10.30 am.
3. The adjournment should have been granted, since to do otherwise would be a denial of justice.
4. Since the adjournment should have been granted, the order striking out the claims was set aside. It was noted that, as part of its reasons for making that order, the Employment Tribunal stated, in effect, that it was in the Claimant’s best interests to strike out the claims. However, that is not a ground for striking out a claim and it is not relevant to the question whether a fair hearing is possible.
Citations:
[2021] UKEAT 0128 – 19 – 2403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 November 2022; Ref: scu.661702