The claimant had been employed since 2001 but was dismissed in December 2022 following a prolonged sickness absence totalling 894 days. Her claims of unfair dismissal and disability discrimination were listed for a six-day final hearing commencing 2 December 2024. On 29 November, her trade union representative applied for postponement on grounds of ill-health, supported by a fit note. The ET refused the application but the claimant felt she could not be questioned without her representative present and withdrew. The hearing proceeded in their absence and the claims were dismissed.

The EAT dismissed the appeal on all three grounds. The ET had not failed to have regard to the fit note; it accepted the representative was indisposed but found the postponement application should have been made earlier. The EAT further held that the ET had properly applied the overriding objective, noting the case would face a 21-month delay if postponed, the facts were largely documentary, and ET routinely accommodated litigants in person. The EAT also rejected the claimant's argument that her anxiety precluded a fair hearing as it lacked medical support.