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Employment tribunal case- Postponement.


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Hello there,

 

I'm hoping that someone can advise, or has maybe been in my situation. I was made redundant whilst I was preganant and took the company that I worked for to tribunal in August 2012. The case was due to be heard next month, but my solicitor has recently advised me that the main witnesses of the company have gone off work long term sick. This is following me submitting all of my evidence, which is quite strong evidence, a few weeks ago. They intend to ask the tribunal for a postponement on this basis, which I have agreed to so it doesn't prejudice my case. So it;s now down to a judge to decide whether they are granted a postponement. But my question is, how many times can they do this? I feel that they're being crafty because I've got good evidence. I've left the company over 9 months now..

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Personally I wouldn't risk angering the ET by asking for any more than one postponement! If they do apply again, point out that the delay will prejudice your case due to the significant lapse of time between the dismissal and the hearing.

 

For what it's worth, a lot of my recent cases have taken over a year to reach fruition, but if its only listed for one day (is it?) then usually that time scale is a little shorter!

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Thanks for that Becky.

 

It's listed for 4 days. I have a feeling that the judge could reject it anyway. If I was looking at it (although I'm not a judge lol) I'd think, how awfully coincidental it is that they're both off sick just after me submitting my evidence. And, they've not even done their witness statements yet.

 

Do you have any idea on how much extra time judges tend to allow in these circumstances? do you know what the judges take into consideration?

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Thanks for that Becky.

 

It's listed for 4 days. I have a feeling that the judge could reject it anyway. If I was looking at it (although I'm not a judge lol) I'd think, how awfully coincidental it is that they're both off sick just after me submitting my evidence. And, they've not even done their witness statements yet.

 

Do you have any idea on how much extra time judges tend to allow in these circumstances? do you know what the judges take into consideration?

 

All the Tribubal will consider is the Overriding Objective to dispose of cases fairly and expeditiously. So they will consider the cost, time and any prejudice to either party when considering a postponement.

 

The time given when relisting is really out of the Judges hands - it depends when the next available 4 day slot is. Our local ET probably wouldn't find a four day slot until October time, but they are very busy!

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What does it mean to dispose of a case, does it mean that the judge would make an order without having a hearing? Or cancel case completely?

 

Yes, I'm thinking it could take another few moths if re-listed; I really would like this done and dusted so I can move on with my working life.

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