The Government has published its response to the consultation on proposals to limit the circumstances in which the postponement of an employment tribunal hearing may be granted under S.151 of the Small Business, Enterprise and Employment Act 2015. The Government has decided that the three measures set out below will be implemented in April 2016 to help to discourage Tribunal parties from applying for unnecessary postponements and to facilitate the speedier resolution of disputes:

1. Where a party has been granted two previous postponements of hearings in the same case, any further applications by that party for a postponement will only be granted in exceptional circumstances.

2. Any application for a postponement presented less than seven days before the date of the relevant hearing or made at the hearing itself shall only be granted in exceptional circumstances.

3. Tribunals will be obliged to consider the imposition of a cost order or a preparation time order against a party who is granted a late postponement, i.e. one applied for less than seven days before the hearing.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.