Sokolik v Kobre and Kim (UK) Llp: EAT 2 Aug 2022

Practice and procedure – application for postponement – decision to dismiss for non-attendance – rule 47 ET Rules
The claimant did not attend the first day of the full merits hearing of his claims but applied for a postponement on the grounds of ill-health. The ET refused that application and dismissed the claimant’s claims upon his non-attendance. It subsequently confirmed that decision on the claimant’s application for reconsideration. The claimant appealed against both the original decision and the refusal of his reconsideration application.
Held: allowing the first appeal but dismissing the second
Acknowledging that medical evidence had recommended the claimant not attending ‘his hearing’, ET took the view this referred to the full merits hearing and that the evidence did not confirm the claimant was unable to attend a short hearing of his postponement application; it had also formed the view that the claimant’s correspondence in the days preceding the hearing demonstrated that he was able to communicate coherently. The ET’s reasoning thus revealed errors in its approach. The claimant could not have assumed that the hearing would only be concerned with his application for a postponement and, as the ET had apparently accepted, the medical evidence indicated that he had been advised to remain away from the trial of his case due to his ill-health. Moreover, whatever the ET’s view of the claimant’s correspondence, it provided no basis to contradict the medical evidence as to his mental health difficulties. These errors vitiated the ET’s decision and were not rectified on reconsideration. The claimant’s first appeal would therefore be allowed.
There was, however, nothing in the claimant’s complaints of inadequacy of reasons, procedural impropriety, or bias in relation to the reconsideration hearing and the second appeal was dismissed.

Judges:

The Honourable Mrs Justice Eady DBE, President

Citations:

[2022] EAT 111

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 11 August 2022; Ref: scu.679861