Sinclair Roche & Temperley (A Firm) v. Heard & Anor [2005] UKEAT 0168_05_1204 (12 April 2005)
The Employment Tribunal's refusal to adjourn the hearing, following its own delay and inadequate case management, was unjustified. The appeal is allowed, and the hearing is adjourned to a later date to ensure proper preparation and fairness.
Source-derived case information.
- Citation
- [2005] UKEAT 0168_05_1204
- Parties
- Respondent: MR K Bell; Appellant: Unknown (Appellant)
- Jurisdiction
- United Kingdom
- Judgment Date
- 12 April 2005
- Procedural Posture
- Employment Appeal / Appeal Against Refusal of Adjournment by Employment Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Sex Discrimination, Case Management, Adjournment of Hearing, Employment Tribunal Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
MR K Bell
Respondent
Unknown (Appellant)
Appellant
Procedural Posture
Employment Appeal / Appeal Against Refusal of Adjournment by Employment Tribunal
Legal Issues
- 1 Whether the Employment Tribunal erred in refusing a joint application for adjournment of the remitted hearing
- 2 Whether the Tribunal's delay and retrospective timetable were appropriate case management
Ratio Decidendi
The Employment Tribunal's refusal to adjourn the hearing, following its own delay and inadequate case management, was unjustified. The appeal is allowed, and the hearing is adjourned to a later date to ensure proper preparation and fairness.
Court Disposition
Appeal allowed
Orders
- The May hearing date is vacated and adjourned to a date between 22 September and 21 October 2005.
- A case management hearing should be held on one of the previously fixed May dates to resolve outstanding issues on the Schedule.
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