Tribunal should adjourn for sick claimant

In a recent decision the Employment Appeal Tribunal (EAT) has decided that an Employment Tribunal should have adjourned a hearing for a second time when the claimant was ill. 

The claimant in this case, who had a long history of sickness absence, brought a claim for unfair dismissal and disability discrimination against his former employer, Transport for London. 

The claim was originally listed for a seven-day hearing in October 2010, but the claimant successfully applied for an adjournment on the grounds that he was unfit to attend due to his mental state. The hearing was re-listed for eight days in February 2011. The day before the hearing was due to start (a Sunday), the claimant made a further application for an adjournment of the hearing on the grounds that he had a severe respiratory infection, had been hospitalised and had been instructed to rest for a week. 

The Tribunal refused to adjourn the hearing, on the grounds that any further delay to the case would unfairly prejudice the respondent. It accepted that the claimant’s absence was for genuine reasons but considered that in order to give effect to the overriding objective of dealing with a case justly, the hearing should proceed.  The hearing proceeded in his absence and all his claims were dismissed by the Tribunal.

The EAT upheld the claimant’s appeal against the Tribunal’s decision to proceed with the claim in his absence.  It held that the Tribunal’s decision to proceed, contrary to the undisputed medical evidence that he was unfit to attend, had unfairly deprived the claimant of a fair hearing. The evidence indicated that the medical condition was likely to be limited in duration, and the Tribunal should have granted the postponement to enable the case to be heard at a later date.

The EAT will not usually interfere with a Tribunal’s decision whether or not to grant a postponement, but in this case it was satisfied that the further delay caused by the postponement did not outweigh the prejudice suffered by the claimant in not having the opportunity to attend the hearing.

A request for a postponement for reasons related to ill health must be supported by medical evidence, such as a doctor’s letter otherwise it is unlikely to be granted.

A copy of the EAT judgment is available here.