Iqbal v Parker & Anor [1995] UKEAT 1013_94_2711 (27 November 1995)

Iqbal v Parker & Anor [1995] UKEAT 1013_94_2711 (27 November 1995)

The Industrial Tribunal was entitled to refuse the adjournment and proceed in the appellant's absence, as the appellant had prior notice of the hearing and his non-attendance was a matter of choice, not necessity. No error of law occurred in the exercise of the tribunal's discretion.

Citation
[1995] UKEAT 1013_94_2711
Parties
Appellant: Mr Iqbal; Respondents: Unnamed Respondents (two claimants)
Jurisdiction
United Kingdom
Judgment Date
27 November 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Review Refusal
Outcome
Appeal dismissed
Legal Topics
Wages, Unlawful Deductions, Tribunal Procedure, Adjournment, Review of Tribunal Decisions

Case Brief

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Parties

Mr Iqbal

Appellant

Unnamed Respondents (two claimants)

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Review Refusal

  1. 1 Whether the Industrial Tribunal erred in refusing an adjournment and dismissing the application for review in the appellant's absence
  2. 2 Whether the appellant's non-attendance was reasonably explained
  3. 3 Whether the refusal of adjournment amounted to an error of law

Ratio Decidendi

The Industrial Tribunal was entitled to refuse the adjournment and proceed in the appellant's absence, as the appellant had prior notice of the hearing and his non-attendance was a matter of choice, not necessity. No error of law occurred in the exercise of the tribunal's discretion.

Court Disposition

Appeal dismissed