If you are faced with the situation in Tribunal where you make an application for an adjournment to read witness statements produced on the day and this is turned down, this is a useful case to recall!

In Mrs B Jones v Mrs Ann Corbin T/A BOO the Claimant (represented by her husband) was ambushed on the day with witness statements not previously disclosed.  Without consulting other members, this request was rejected.  Failure to provide an opportunity to lay members to discuss and consider such a request is a breach of Magenta Security Services v Wilkinson which sets out the requirement for a case management decision to be made by a Tribunal of three.

The rejection of the request does seem harsh considering the Respondent had failed to comply with directions to pre-exchange statements and English was not the Claimant’s first language.

The case has been remitted to a new tribunal.