Is it possible to postpone final hearing due to lockdown travelling restrictions ?

[blackburn]

the Final hearing of my case regarding sexual discrimination, age discrimination, race discrimination and victimisation is scheduled to take place at Southampton ET on 23nd, 24 25th and 26th November.

I now live in Blackburn and do not drive.

2 weeks ago my application to postpone the FH due to Tier 3 travelling restrictions was declined by ET.

Can the FH be postponed due to new nationwide lockdown travelling restrictions?

[paulocalla]

Good Afternoon, the situation is dynamic and has changed significantly over the weekend. Officially the Courts and Tribunals remain open for business under the new national restrictions as they are an essential public service however the Lord Chancellor has published new guidance which recommends the greater use of remote/virtual hearings wherever possible. Judges have been told that remote hearings must be used wherever appropriate to ensure cases can go ahead and to reduce footfall at Court.

A remote hearing usually takes place over something called Cloud Video Platform which is easy to use and only requires a computer/tablet (audio and camera) with a reasonable internet connection. I have attended a number of remote hearings over the past few months and it works very well in less complex cases. I suspect that if you request a remote hearing as opposed to a postponement this will be approved by the ET particularly if the other side agrees that the case is suitable for CVP.

It seems unlikely that the hearing will be postponed if it could go ahead remotely but some hearings are too complex or perhaps there are practical difficulties in arranging a remote hearing which means that a postponement is appropriate. I would suggest you give some thought to whether a remote hearing would work for you as opposed to travelling. You are always able to renew any application to postpone or make a new application for a remote hearing. The ET will understand that the situation is fast moving and that you are not comfortable travelling hundreds of miles to a hearing.