The Employment Tribunal refused to grant an adjournment to the Claimant who had claimed that he was not well enough to present his case.  He appealed against that decision.

Held – Dismissing the appeal, the Employment Tribunal was entitled to reach its decision especially as (a) the Claimant appeared at the hearing and according to the Tribunal presented his application “eloquently” with “no issue over his lack of capacity” [57]; (b) there was no arguable error of law in the Employment Tribunal’s decision; and in any event (c) considerable deference was due to the decision of the Employment Tribunal.