Ringway Infrastructure Services Ltd v Conlon [2019] UKEAT 0256_18_1502 (15 February 2019)

Ringway Infrastructure Services Ltd v Conlon [2019] UKEAT 0256_18_1502 (15 February 2019)

The Employment Appeal Tribunal found the claimant did not require a Breton Gaelic interpreter, nor any interpreter, as he demonstrated sufficient understanding and ability in English. The Tribunal's order postponing the hearing indefinitely at the claimant's option was materially irregular and irrational, warranting striking out and allowing the appeal.

Citation
[2019] UKEAT 0256_18_1502
Parties
Appellant: Ringway Infrastructure Services Ltd; Respondent: Thomas James Conlon
Jurisdiction
United Kingdom
Judgment Date
15 February 2019
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Order Striking Out Claim for Breach of Unless Order
Outcome
Appeal allowed
Legal Topics
Interpreter Requirements, Procedural Fairness, Striking Out, Adjournment, Bias and Misconduct
Employment Law Civil Procedure Interpreter Requirements Procedural Fairness Striking Out Adjournment Bias and Misconduct

Case Brief

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Parties

Ringway Infrastructure Services Ltd

Appellant

Thomas James Conlon

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Order Striking Out Claim for Breach of Unless Order

Legal Issues

  1. 1 Whether the claimant required a Breton Gaelic interpreter
  2. 2 Whether the claimant required any interpreter for the hearing
  3. 3 Whether the Employment Tribunal's order postponing the hearing indefinitely was materially irregular and irrational

Ratio Decidendi

The Employment Appeal Tribunal found the claimant did not require a Breton Gaelic interpreter, nor any interpreter, as he demonstrated sufficient understanding and ability in English. The Tribunal's order postponing the hearing indefinitely at the claimant's option was materially irregular and irrational, warranting striking out and allowing the appeal.

Court Disposition

Appeal allowed

Orders

  • Refusal of adjournment for Breton Gaelic interpreter
  • Proceeding with appeal without interpreter