Cases1305629/2024

Claimant v Advanced Business Software & Solutions Limited

22 September 2025Before Employment Judge DimbylowBirminghamremote video

Outcome

Other

Facts

The claimant, Mr Tamm, applied on the morning of a scheduled public preliminary hearing on 22 September 2025 to adjourn the hearing to enable an Estonian interpreter to translate for him. The application was made at 7:37am on the day of the hearing and reiterated during the hearing itself. The respondent, Advanced Business Software & Solutions Limited, was represented by counsel who had prepared for the hearing.

Decision

Employment Judge Dimbylow granted the claimant's adjournment application and adjourned the public preliminary hearing to 8 & 9 December 2025 at 10am. However, the judge also granted the respondent's application for a costs order, ordering the claimant to pay £2,250.00 in costs because the adjournment application was made less than 7 days before the hearing date, which the judge considered just, fair and proportionate.

Practical note

Late adjournment applications made by unrepresented litigants, even when granted, can result in costs orders against them if the tribunal considers it proportionate given the late notice and wasted preparation by the other party.

Case details

Case number
1305629/2024
Decision date
22 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No