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Failure to exchange, statements only supplied at hearing: ET must adjourn (News, 10 October 2011)

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Published on: 10 October 2011

Published by a LexisNexis Employment expert

Article summary

Where a case management direction has been made for exchange of witness statements in advance of the employment tribunal main hearing, and one party fails to comply with that order and instead provides its statements for the first time on the morning of the hearing, a refusal by the tribunal (a) to allow an adjournment (requested by the other party), or (b) to allow a proper opportunity to prepare to deal with the evidence, will be unfair, and hence any judgment in the case issued by the tribunal after such a refusal will be set aside on appeal, according to the EAT in Jones v Corbin t/a Boo.

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