Where a tribunal lists a hearing without taking any account of the parties' availability, that is a highly relevant factor to be taken into account when considering an adjournment to re-list that hearing.

The Employment Tribunal listed Ms Amaikwu's race discrimination claims for hearing for 23rd April to 1st May 2012. On the day before it was due to start cancelled the hearing due to a lack of judges. It promptly re-listed the hearing for August 2012 without taking account of the parties' availability. The University applied for the case to be re-listed because a central witness (a Mrs Koro, the subject of around 50% of the complaints in the ET1) had a long-standing wedding commitment in Poland.