The Claimant had brought 2 sets of proceedings against the Respondent; one in 2012 and the other in 2016. For various reasons, including her health, neither set of proceedings had reached a final hearing. The Claimant applied, on health grounds, to have the 2016 proceedings adjourned until the 2012 proceedings had concluded. The ET refused the application and the Claimant appealed, arguing that the EJ had not taken proper account of her medical evidence which had said it was advisable to stay the 2016 proceedings until after the 2012 proceedings.

The EAT dismissed the appeal. There was no error of law in the approach the EJ took. She sought to case manage the two sets of proceedings so that hearings were well spaced out.