Garner v Withnell Parish Council [1997] UKEAT 32_97_2201 (22 January 1997)

Garner v Withnell Parish Council [1997] UKEAT 32_97_2201 (22 January 1997)

The tribunal erred by not giving sufficient weight to the appellant's need to be represented by her chosen solicitor and by failing to consult both parties to fix a mutually convenient hearing date, resulting in procedural unfairness.

Source-derived case information.

Citation
[1997] UKEAT 32_97_2201
Parties
Appellant: Mrs Garner; Respondent: Withnell Parish Council
Jurisdiction
United Kingdom
Judgment Date
22 January 1997
Procedural Posture
Employment Appeal / Appeal Against Refusal to Postpone Hearing
Outcome
Appeal allowed
Legal Topics
Postponement of Hearing, Right to Representation, Tribunal Discretion
Employment Law Civil Procedure Postponement of Hearing Right to Representation Tribunal Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Garner

Appellant

Withnell Parish Council

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Postpone Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in refusing to postpone the hearing due to the non-availability of the appellant's solicitor

Ratio Decidendi

The tribunal erred by not giving sufficient weight to the appellant's need to be represented by her chosen solicitor and by failing to consult both parties to fix a mutually convenient hearing date, resulting in procedural unfairness.

Court Disposition

Appeal allowed

Orders

  • The hearing fixed for 27 and 28 January is vacated.
  • The hearing is to be re-fixed after consultation with solicitors on both sides to ensure a mutually convenient date.