University Of East Anglia v Amaikwu (Practice and Procedure : Postponement or stay) [2012] UKEAT 0361_12_2507 (25 July 2012)

University Of East Anglia v Amaikwu (Practice and Procedure : Postponement or stay) [2012] UKEAT 0361_12_2507 (25 July 2012)

The Employment Tribunal erred in refusing the adjournment by taking into account irrelevant objections from the Claimant and failing to consider the Respondent's prompt application and the Tribunal's own failure to seek dates to avoid. The refusal was therefore an error of law and the appeal must be allowed.

Citation
[2012] UKEAT 0361_12_2507
Parties
Appellant/respondent Below: University of East Anglia; Respondent/appellant Below: Miss Amaikwu
Jurisdiction
United Kingdom
Judgment Date
25 July 2012
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Against Refusal of Adjournment by Employment Tribunal
Outcome
Appeal allowed
Legal Topics
Adjournment of Hearings, Case Management Discretion, Unfair Dismissal, Race Discrimination
Employment Law Civil Procedure Adjournment of Hearings Case Management Discretion Unfair Dismissal Race Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

University of East Anglia

Appellant/respondent Below

Miss Amaikwu

Respondent/appellant Below

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Against Refusal of Adjournment by Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing an adjournment by taking into account irrelevant factors and failing to consider relevant factors
  2. 2 Whether the refusal of adjournment prejudiced the Respondent's ability to present its case

Ratio Decidendi

The Employment Tribunal erred in refusing the adjournment by taking into account irrelevant objections from the Claimant and failing to consider the Respondent's prompt application and the Tribunal's own failure to seek dates to avoid. The refusal was therefore an error of law and the appeal must be allowed.

Court Disposition

Appeal allowed

Orders

  • The case is adjourned to a date to be fixed by the Norwich Tribunal.