Hearing date postponement

Case 4: The facts

The claim for unfair dismissal and wrongful dismissal was listed for a two-day employment tribunal hearing. Both parties had properly prepared the case and complied with interim orders, but through no one’s fault, the case had expanded so that substantial disclosure by the employer was needed and two days was insufficient to hear the case.

The parties therefore made a joint last minute application for a postponement. The tribunal refused the postponement but directed that the hearing continue for up to six days until it was finished. When both parties objected that they had already instructed Counsel (barristers) who were familiar with the case but were not available beyond the two days, the tribunal said that new Counsel could be instructed.

The ruling

The Employment Appeal Tribunal (EAT) overturned the tribunal’s decision. It said it was not in accordance with the overriding objective that the parties lose their Counsel and have to instruct new Counsel on the eve of the trial. This would be expensive and also unfair to the clients.

The tribunal’s worthy consideration of trying to get the case heard quickly, bearing in mind the dismissal was over a year ago, had wrongly taken precedence over a joint well-reasoned application to adjourn made responsibly by represented parties.

Chancerygate (Business Centre) Ltd v Jenkins UKEAT/0212/10 & 0213/10