Adjournments

Case 5: The facts

Ms Fry was a navy officer employed by the Ministry of Defence (MoD). She brought a discrimination claim against her employer but on the day of the hearing, having requested and been refused an adjournment, she took no further part in the hearing. Fry claimed that the tribunal should have granted the adjournment.

The ruling

The EAT held that tribunals are under no legal obligation to present the applicants' cases for them. If an applicant fails to attend or to take part in a hearing, a tribunal has the power to adjourn before dismissing the application. However, it is not obliged to exercise this power.

* Fry v MoD EAT/0146/02