Failure to attend a tribunal

Tribunals have the power to refuse to proceed with a case where they believe that the applicant has been "frivolous" or "vexatious" or "misconceived". In most cases failing to turn up at a tribunal, or leaving early, would fall into one of these categories. However, where an individual asks for an adjournment on the grounds of the ill health of a parent or child for whom they are responsible a tribunal "should be slow to treat such concerns as other than genuine" in the absence of evidence to the contrary. Valkove v Benefit Agency Medical Services 538/99.

Similarly, where an applicant informs the tribunal that she is unable to attend, the tribunal is obliged to consider adjourning the hearing, according to the Employment Appeal Tribunal.

Mills v Johnson 1107/00.