Employment Service v Nathan [1995] UKEAT 1316_95_2012 (20 December 1995)

The Tribunal Chairman did not err in law; she properly balanced the parties' reasons against the need to avoid delay, and there were no wholly exceptional circumstances warranting a postponement.

Citation: [1995] UKEAT 1316_95_2012
Parties: Appellant: Treasury Solicitor; Respondent: CPSA (represented by Mr Lloyd)
Jurisdiction: United Kingdom
Judgment Date: 20 December 1995
Procedural Posture: Appeal / Interlocutory Order Appeal
Outcome: Appeal dismissed
Legal Topics: Postponement of Hearing, Tribunal Discretion, Adjournment Applications

Employment Law Civil Procedure Postponement of Hearing Tribunal Discretion Adjournment Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Treasury Solicitor

Appellant

CPSA (represented by Mr Lloyd)

Respondent

Procedural Posture

Appeal / Interlocutory Order Appeal

Legal Issues

1 Whether the Tribunal Chairman erred in refusing postponement applications from both parties
2 Whether the Chairman failed to consider wholly exceptional circumstances
3 Whether the Chairman fettered her discretion or elevated delay avoidance to a general principle

Ratio Decidendi

The Tribunal Chairman did not err in law; she properly balanced the parties' reasons against the need to avoid delay, and there were no wholly exceptional circumstances warranting a postponement.

Court Disposition

Appeal dismissed