HSBC Bank Plc v Da Gama [2008] UKEAT 0532_08_1012 (10 December 2008)

HSBC Bank Plc v Da Gama [2008] UKEAT 0532_08_1012 (10 December 2008)

The Employment Judge failed to consider the prejudice to the Respondent from the absence of two key witnesses and took into account irrelevant considerations. This constituted an error of law, justifying appellate intervention and allowing the appeal.

Citation
[2008] UKEAT 0532_08_1012
Parties
Appellant: Mr A Qureshi; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
10 December 2008
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal to Postpone Hearing
Outcome
Appeal allowed
Legal Topics
Postponement of Hearing, Adjournment Discretion, Unfair Dismissal, Race Discrimination
Employment Law Civil Procedure Postponement of Hearing Adjournment Discretion Unfair Dismissal Race Discrimination

Case Brief

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Parties

Mr A Qureshi

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal to Postpone Hearing

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to postpone the hearing due to absence of key witnesses
  2. 2 Whether the refusal caused prejudice to the Respondent
  3. 3 Whether irrelevant considerations were taken into account in refusing postponement

Ratio Decidendi

The Employment Judge failed to consider the prejudice to the Respondent from the absence of two key witnesses and took into account irrelevant considerations. This constituted an error of law, justifying appellate intervention and allowing the appeal.

Court Disposition

Appeal allowed

Orders

  • Hearing set for 11 and 12 December postponed to a date not before 5 January 2009, with a time estimate of three days.
  • Both parties to provide dates of unavailability of witnesses for the first three months of 2009 to the Employment Tribunal Service.