U v Butler & Wilson Ltd

Employment tribunal – Procedure. The employment tribunal, having struck out the employee's claims in his absence, invited the employee, upon his late arrival to the hearing, to address it on whether it should review that decision. The employee said that he had been having a psychotic episode and, although he had no medical evidence, the tribunal observed that he exhibited considerable signs of disquiet. The tribunal did not adjourn and declined to revoke the judgment. The Employment Appeal Tribunal held that, in the circumstances, the tribunal's failure to consider an adjournment and to require the employee to continue with his application, notwithstanding his evident ill-health and lack of relevant documentation, was so obviously wrong that the employee's appeal had to succeed.

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