The Claimant applied for a postponement of an interim relief hearing listed for 3 November 2020. It was refused on 2 November 2020 and the hearing proceeded on 3 November 2020. The application was refused in a reserved decision sent to the parties on 17 December 2020. The Claimant then applied for a reconsideration of the Decision, challenging both the outcome and the decision to proceed with the hearing, since a further postponement request had been made the day before and given the Claimant's non-attendance at the hearing. The reconsideration application was refused. The Claimant appealed the decisions relating to the second refusal to postpone, the refusal of the interim relief application itself and the refusal of the reconsideration application.

The EAT dismissed the appeal. The decisions under appeal were case management decisions not to postpone an interim relief hearing which were well within the ambit of the broad discretion of the ET in case management matters. The refusal of the ET to reconsider its case management decisions not to postpone the interim relief hearing did not give grounds for appeal as it was not necessary in the interests of justice to reconsider the earlier decisions.