British Security Industry Association v Brown (Practice and Procedure: Postponement or stay) [2015] UKEAT 0228_15_2808 (28 August 2015)

British Security Industry Association v Brown (Practice and Procedure: Postponement or stay) [2015] UKEAT 0228_15_2808 (28 August 2015)

The Employment Judge failed to provide adequate reasons addressing the Respondent's key points regarding witness unavailability and the relisting of the hearing without regard to dates to avoid. This omission rendered the refusal to postpone the hearing unsustainable in law.

Citation
[2015] UKEAT 0228_15_2808
Parties
Appellant/respondent: British Security Industry Association; Respondent/claimant: Ms Rhian Brown
Jurisdiction
United Kingdom
Judgment Date
28 August 2015
Procedural Posture
Employment Appeal / Appeal Against Refusal to Postpone Hearing
Outcome
Appeal allowed
Legal Topics
Adjournment of Hearings, Case Management Discretion, Requirement to Give Reasons
Employment Law Civil Procedure Adjournment of Hearings Case Management Discretion Requirement to Give Reasons

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 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

British Security Industry Association

Appellant/respondent

Ms Rhian Brown

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal Against Refusal to Postpone Hearing

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to postpone the hearing without adequate reasons
  2. 2 Whether the Employment Tribunal failed to consider relevant factors in listing the hearing date

Ratio Decidendi

The Employment Judge failed to provide adequate reasons addressing the Respondent's key points regarding witness unavailability and the relisting of the hearing without regard to dates to avoid. This omission rendered the refusal to postpone the hearing unsustainable in law.

Court Disposition

Appeal allowed

Orders

  • The hearing on 1 and 2 September is postponed.
  • The case is to be relisted after the Employment Tribunal has given the parties an opportunity to provide dates of availability.