||All England Reporter
|| All ER (D) 225 (Feb)
||Employment Appeal Tribunal
Cox J, Ms K Bilgan and Mr T Haywood
||Nikhil Arora (instructed by the Free Representation Unit) for the employee.
||David Calvert (instructed by the Rotherham Metropolitan Borough Council Legal Services) for the employer.
||26 October 2012
Employment tribunal - Procedure - Hearing - Employee bringing claim for, amongst other things, disability discrimination - Employee suffering mental and physical impairments - Employee making numerous written applications for listed hearing to be postponed - Employee relying on mental impairment - Tribunal refusing - Employment tribunal proceeding with hearing in employee's absence - Employee appealing - Whether tribunal erring.
Employment tribunal Procedure. The employee had made a number of requests to postpone a hearing at the employment tribunal due to his ongoing mental health problems. The tribunal had refused to postpone the same. On appeal to the Employment Appeal Tribunal, it was held that the tribunal had erred in refusing the postponement, and that refusal had denied the employee a fair hearing and had been a denial of justice for him. Accordingly, the employee's appeal was allowed.
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