Source: All England Reporter
Publisher Citation: [2002] All ER (D) 415 (May)
Court: Employment Appeal Tribunal

Commissioner Howell QC, Ms G Mills and Miss D Whittingham

Representation The employee appeared in person.
  Nicholas Smith (instructed by Michelmores, Exeter) for the first respondent.
  Debbie Grennan (instructed by Wolferstans, Plymouth) for the second respondent.
Judgment Dates: 21 March 2002


Employment Appeal Tribunal - Practice - Appeals - Application to adjourn - Employee acting in person - Employee applying to adjourn appeal on day of full hearing - Case involving difficult point of law - Whether employee entitled to adjournment - Whether respondents entitled to their costs thrown away - Employment Appeal Tribunal Rules 1993, r 34.

The Case

The Employment Appeal Tribunal had no real alternative but to grant an application to adjourn an appeal made on the day of the full hearing by an appellant, who appeared in person notwithstanding that he had solicitors on the record, because the appeal involved a potentially difficult point of law that the appellant himself was not prepared to argue. However, whether it was the fault of the appellant himself or the fault of his solicitor, there had been unreasonable conduct in the way the application to adjourn had been dealt with, and, accordingly, the appellant would be ordered to pay the respondents' costs under r34 of the Employment Appeal Tribunal Rules 1993.

Practice Areas

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