The Claimant did not attend a costs hearing at which he was ordered to pay a contribution towards the Respondent's legal costs. He appealed against the ET's decision to allow the hearing to proceed, on the grounds that he was denied the right to a fair hearing and that the ET had failed to conduct a proper examination of the medical evidence provided by his GP.

The EAT held that the ET had made no error of law in refusing the Claimant's application to postpone the hearing, and the medical evidence was wholly insufficient to support a claim that the Claimant was too ill to attend his hearing.