Source: All England Reporter
Publisher Citation: [2002] All ER (D) 173 (Apr)
Court: Employment Appeal Tribunal

Commissioner Howell QC, Dr D Grieves and Mr W Morris

Representation Jude Shepherd (instructed by Russell Jones & Walker) for the employee.
  John Cavanagh (instructed by Metropolitan Police Service Solicitor's Department) for the employer.
Judgment Dates: 22 March 2002


Employment - Practice - Stay of proceedings - Employee issuing proceedings against employer on grounds of sexual harassment and victimisation - Whether employer vicariously liable for proceedings brought by serving police officer - Employer seeking indefinite stay of proceedings pending outcome of appeal in similar proceedings - Tribunal refusing adjournment - Whether tribunal in error.

The Case

Employment tribunals had a wide discretion to grant or refuse an adjournment. They were and had to remain in control of their own lists and it would rarely be justified for a party denied an adjournment to appeal to the EAT. In the instant case, it had been reasonable for the tribunal to have reached the decision that it had in refusing to allow the employer's application for an indefinite stay of the proceedings against him.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.