Practice and Procedure - Postponement or stay

The Employment Tribunal dismissed an application by the Claimant to postpone the (first) hearing, heard the case in her absence and dismissed the claims.  On a (second) hearing for Review, the case was reinstated but the Claimant was ordered to pay a contribution of £950 to the Respondent’s costs incurred at the first hearing.  The claims were subsequently dismissed at a (third) hearing.  EAT upheld the award.  There was in reality a postponement of the hearing from February to September 2005 and Rule 40(1) was permissibly applied.