(c) Scope of the discretion

| Commentary

(c) Scope of the discretion

| Commentary

Subject to the provisions of SI 2024/1155 r 32(2) and (3), the power to postpone, adjourn or stay cases gives the tribunals a wide discretion. In Jacobs v Norsalta Ltd [1977] ICR 189, EAT, Phillips J set out the general principles upon which it is to be exercised:

''We accept, of course, that the power [to postpone and adjourn] must not be used arbitrarily or capriciously, and must certainly not be used in order to defeat the general object of the legislation. But, subject to that, it seems to us that the [employment] tribunal has a complete discretion, so long as it exercises it judicially, to postpone or to adjourn any case provided there is good, reasonable ground for so doing.''

This statement of principle was approved by the Court of Appeal in Carter v Credit Change Ltd

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