Metro Lodgings Ltd v Warley (Practice and Procedure - disclosure - postponement or stay) [2019] UKEAT 0023_19_2706 (27 June 2019)

Metro Lodgings Ltd v Warley (Practice and Procedure - disclosure - postponement or stay) [2019] UKEAT 0023_19_2706 (27 June 2019)

The Employment Tribunal was entitled to proceed in the Respondent's absence as the application for postponement was made too late and the Respondent failed to make reasonable arrangements for representation. The Tribunal was also entitled to accept the Claimant's evidence and documents, and the Respondent failed to provide evidence to support its contention regarding the section 1 statement. The appeal is dismissed.

Citation
[2019] UKEAT 0023_19_2706
Parties
Respondent/appellant: Metro Lodgings Limited; Claimant/respondent: [Claimant Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
27 June 2019
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unauthorised Deduction of Wages, Written Statement of Employment Particulars, Postponement of Hearing, Case Management, Disclosure
Employment Law Unauthorised Deduction of Wages Written Statement of Employment Particulars Postponement of Hearing Case Management Disclosure

Case Brief

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Parties

Metro Lodgings Limited

Respondent/appellant

[Claimant Name Not Provided]

Claimant/respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing the Respondent's application for postponement
  2. 2 Whether the Employment Tribunal erred in proceeding in the Respondent's absence
  3. 3 Whether the Employment Tribunal erred in accepting the Claimant's evidence and documents

Ratio Decidendi

The Employment Tribunal was entitled to proceed in the Respondent's absence as the application for postponement was made too late and the Respondent failed to make reasonable arrangements for representation. The Tribunal was also entitled to accept the Claimant's evidence and documents, and the Respondent failed to provide evidence to support its contention regarding the section 1 statement. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's judgment is upheld.
  • Respondent to pay Claimant £1,028.57 for unauthorised deduction of wages.