Failure to mitigate

Case 7: The facts

Five weeks before her tribunal hearing, Ms Fadina applied unsuccessfully for an adjournment on the grounds of lack of preparation. The day before the hearing, she made a further request for an adjournment because she was unwell, and sent a sick note stating that she was suffering from "stress/anxiety".

The tribunal considered the request on the morning of the hearing in the absence of both Fadina and her representative, who arrived late. It rejected the request, saying it was used to working with parties "stressed and anxious about the proceedings" and that there was "no physical reason why the applicant could not attend the hearing".

The ruling

The Employment Appeal Tribunal noted that the tribunal had taken no steps to contact Fadina or her representative before considering the adjournment request, and had made assumptions about her medical condition without investigating it. The tribunal had jumped to conclusions that were not supported by facts, and its decision could not be upheld.

The case was remitted to a different tribunal.

Fadina v Government Car and Despatch Agency UKEAT/0264/04