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Strike Out

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Was a tribunal entitled to refuse an application for an adjournment and to strike out the Claimant's case where the tribunal was phoned on the morning of the hearing and told that the Claimant could not attend as she required emergency dental treatment?

No, held the EAT in Mukoro v Independent Workers' Union Of Great Britain.

If the Claimant was unable to attend the hearing through no fault of her own, then this was a case in which an adjournment had to be granted, since not to do so would amount to a denial of justice. The consequence of the refusal of an adjournment would be that the Claimant would not have the opportunity to resist an application for an order striking out her claims. Since the adjournment should have been granted, the order striking out the claims was set aside.

Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.