Sinclair Roche & Temperley (A Firm) v. Heard & Anor [2005] UKEAT 0168_05_1204 (12 April 2005)

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
Employment Law Sex Discrimination Case Management Adjournment of Hearing Employment Tribunal Procedure

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Parties

MR K Bell

Respondent

Unknown (Appellant)

Appellant

Procedural Posture

Employment Appeal / Appeal Against Refusal of Adjournment by Employment Tribunal

  1. 1 Whether the Employment Tribunal erred in refusing a joint application for adjournment of the remitted hearing
  2. 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.