COOPER LOVEGROVE & ASSOCIATES LTD v MS K LANKESTER [2001] UKEAT 228_01_2602
[1]APPEARANCES For the Appellant NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT For the Respondent NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE RESPONDENT MISS RECORDER SLADE QC This appeal is against a refusal of an adjournment of hearing due to take place tomorrow 27 February in the following circumstances. The Applicant had been directed by letter dated 29 January 2001 to provide a detailed breakdown of her claim. Her claim was for non payment of wages. She was ordered to provide such a breakdown to the Tribunal and the Respondent by 9 February 2001. The Respondent was directed to provide his response to the claim by 20 February 2001. The Respondent asserts that he did not receive the particulars and contacted the Tribunal on or about 23 February as a result of which the particulars which had been faxed to the Tribunal on 8 February 2001 were faxed to him. Enquiries have been made from which it appears that there is no firm evidence on the file that the Respondent was sent the letter of 8 February 2001 before it was faxed to him on 23 February. In those circumstances, it was perverse to refuse the requested adjournment and the appeal is allowed.