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The EAT held in the case of O'Cathail v Transport for London that the tribunal should not have proceeded to hear a claim in the claimant's absence when he applied for a second adjournment on the grounds of ill-health. Although the tribunal accepted that the claimant was ill, it refused the adjournment for reasons that included the duration of time since the alleged events.
The EAT will only examine adjournment decisions in limited circumstances, which include where the fairness of the proceedings as a whole is endangered. The EAT will then consider whether the decision was a fair solution.
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