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.