The Claimant was employed by the Respondent as an engineer. On 3 June 2019, he presented a claim to the ET, making complaints of disability discrimination and protected disclosure detriment relating to events dating back to February 2014. This was his third application for the postponement of the full merits hearing as he said he did not have time to obtain medical evidence. The ET refused the application saying that the Claimant had had ample time to provide up to date medical evidence. The Claimant appealed.

The EAT dismissed the appeal. The ET had regard to all relevant considerations, and did not take into account any irrelevant matters. There was no proper basis on which the conclusion reached by the ET could be characterised as perverse, and equally no basis on which the EAT would be entitled to interfere with the decision to proceed.