W E Sykes (Halifax) Ltd v Thomas [1993] UKEAT 388_93_2505
MR JUSTICE WOOD (PRESIDENT): This is an appeal by W E Sykes (Halifax) Ltd against a refusal by the Chairman of an Industrial Tribunal to vacate a date fixed for a hearing.The basis of the application is that two important witnesses will be absent on holiday.No doubt the date was fixed after the usual notice was sent to the parties asking them what dates were convenient. But in any event if that is not so we are not told so, we merely assume that that is so, and if the date was fixed after that arrangement was made, we can see no error in the exercise of discretion. We are quite unable to have all the facts and circumstances before us which were before the learned Chairman.The Appellants do not appear and neither do the Respondents. The Respondents objected. An application can be made at the hearing for an adjournment and the learned Chairman, on the day of the hearing, can make up his mind. It may be possible for the case to start and some of the evidence to be heard, we know not. But there is no error in the exercise of the discretion in this case and the appeal is dismissed.