Postponement requests

Even in normal times, ETs have great difficulty managing their hearing schedule and ET resources. In general, once a hearing date has been fixed, it is very difficult to change it. ETs are very resistant to postponement requests, even by genuinely ill claimants. In Riley v The CPS [2013] EWCA Civ 951, the Court of Appeal said the human right to a fair trial within a reasonable time is available not just to the claimant but also to the employer and to others waiting for their cases to be heard.

Where a postponement request is unavoidable, a claimant should write to the ET with evidence, explaining why a postponement is needed and for how long. Requests on medical grounds should be supported by medical evidence such as a consultant or GP letter explaining clearly that the claimant is too unwell to attend and indicating when they are likely to be well enough. A GP certificate signing the claimant off work is not good enough.

A maximum of two postponement requests are allowed, with a third only granted in exceptional circumstances. Any request made less than seven days before the hearing or at the hearing itself can only be granted in exceptional circumstances. The ET must consider ordering the party requesting the adjournment to compensate their opponent for extra costs, such as barristers’ fees.