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
Summary, issues, holding and outcome
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Parties
Mr Iqbal
Appellant
Unnamed Respondents (two claimants)
Respondents
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Review Refusal
Legal Issues
- 1 Whether the Industrial Tribunal erred in refusing an adjournment and dismissing the application for review in the appellant's absence
- 2 Whether the appellant's non-attendance was reasonably explained
- 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
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