How to Apply for a Postponement of Your Employment Tribunal Hearing

Last updated: March 2026

Quick Answer

There is no official HMCTS form for requesting a postponement. You apply by writing to the tribunal office dealing with your case, explaining why the postponement is needed and why granting it would be in accordance with the overriding objective. You must notify the other party and, wherever possible, discuss the application with them before submitting it. Apply as early as you can — late applications face a much higher threshold and may not be considered at all without exceptional circumstances.

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What Is a Postponement?

A postponement is a direction by an Employment Judge that a scheduled hearing will not go ahead on the listed date and will instead be relisted for a later date. The Employment Tribunals Rules of Procedure 2013 use the term "postponement" rather than "adjournment," though both words are widely understood to mean the same thing.

The power to postpone comes from Rule 29, which permits an Employment Judge to make case management orders, and is supplemented by the Presidential Guidance on Seeking a Postponement of a Hearing issued on 4 December 2013 under Rule 7.

It is worth understanding from the outset that postponement is not a right. It is a discretionary decision, and the Employment Judge must balance the interests of both parties against the efficient administration of justice.

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When Might You Need One?

Postponement applications arise in a wide range of circumstances. Some of the most common include:

Illness or medical incapacity. You or a key witness is too unwell to attend. This is one of the most frequently accepted grounds, but only where properly supported by medical evidence. A vague statement that you "feel unwell" will not be sufficient.

Witness unavailability. A witness whose evidence is central to your case cannot attend on the listed date. You will need to explain why their evidence matters, what alternative arrangements you explored, and why the hearing cannot fairly proceed without them.

Loss of representation. Your representative — whether a solicitor, barrister, or trade union official — has withdrawn from your case or become unexpectedly unavailable. The tribunal will want to know when you were told, what steps you are taking to find a replacement, and how long that is likely to take.

Late disclosure. The other side has disclosed documents at the last minute that significantly affect your preparation. You will need to identify the documents, explain their relevance to the issues in dispute, and demonstrate that you could not reasonably have been ready in time.

Parallel proceedings. There are related civil or criminal proceedings that overlap with the tribunal case. Full details of those proceedings and their relevance should be provided.

Outstanding appeals. If there is an appeal pending to the Employment Appeal Tribunal or another appellate court arising from your case, full details of the appeal and how it affects the listed hearing should be given.

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What the Presidential Guidance Requires

The Presidential Guidance sets out the procedure that will normally apply. Whilst Employment Tribunals in England and Wales must have regard to the Guidance, they are not bound by it — but departing from it without good reason is unusual.

Your application must include:

1. The reason why the postponement is sought. Be specific. "I am not ready" is not enough. Explain the factual circumstances in full.

2. Why granting it would be in accordance with the overriding objective. The overriding objective (Rule 2) requires cases to be dealt with fairly and justly, including avoiding unnecessary delay. You need to explain why, in the particular circumstances, fairness requires the hearing to be postponed.

3. All relevant supporting documents. If the reason is medical, attach the medical evidence. If the reason is late disclosure, include the correspondence. Do not promise to send evidence later — applications without supporting documents may not be considered.

4. Whether you have discussed the application with the other party. This is not optional. The Presidential Guidance expects you to try to discuss the proposal with the other side before applying. If they consent, say so. If they object, say so. If you were unable to reach them, explain what attempts you made.

5. Whether the hearing date was agreed by the parties. If the date was originally fixed with the agreement of both sides, the tribunal will take that into account (and the bar for postponement will be higher).

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Specific Situations and What Evidence Is Needed

The Presidential Guidance gives detailed examples of the information required depending on the type of application:

Medical grounds

All medical certificates and supporting evidence should be provided, together with an explanation of the nature of the condition. Where medical evidence is supplied, it should include:

• A statement from the medical practitioner that the applicant is, in their opinion, unfit to attend the hearing
• The prognosis of the condition
• An indication of when the unfitness may cease

A fit note saying "may not be fit for work" is not the same as a letter stating the person cannot attend a tribunal hearing. Where possible, obtain a letter from your GP or consultant specifically addressing your ability to attend the hearing.

Witness or party unavailability

The tribunal will want to know the name of the witness or party concerned, the reason for their unavailability, what attempts have been made to make alternative arrangements, and — in the case of a witness — the relevance of their evidence to the issues in dispute.

Representative unavailability or withdrawal

If your representative has become unavailable, provide the same kind of detail as for a witness. If they have withdrawn entirely, explain when this happened and whether you are seeking alternative representation. The tribunal will be sympathetic to a genuine last-minute loss of representation, but less so if the withdrawal was foreseeable.

Late disclosure

Identify the documents or information concerned, explain how they are relevant to the issues in the case, set out what orders or requests have already been made, and describe the response (or lack of response) from the other party.

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Timing: When to Apply

As early as possible. This cannot be overstated. The sooner you apply, the more likely the tribunal is to deal with it sympathetically. An application made weeks before the hearing is far more likely to succeed than one made the day before.

If you apply fewer than seven days before the hearing, be prepared to explain why the application could not have been made sooner. If the circumstances genuinely arose at the last minute — for example, you were taken ill the night before — explain that clearly.

Applications that do not comply with the requirements in the Presidential Guidance will ordinarily not be considered unless there are exceptional circumstances. If you have not complied, you must explain why and set out what the exceptional circumstances are.

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What the Employment Judge Considers

The Employment Judge will look at:

• The strength and specificity of your reasons. Vague or generalised grounds are rarely sufficient. The more precise and well-evidenced your application, the better your prospects.
• The timing of the application. Early applications are treated more favourably.
• Previous postponement history. If the case has already been postponed once or more, the tribunal will scrutinise a further application closely. Multiple postponements are a serious concern.
• The prejudice to both parties. The judge will weigh the harm to you if the hearing proceeds against the harm to the other party if it does not.
• Whether the hearing date was agreed. Agreed dates carry more weight.
• The overriding objective. Dealing with the case fairly and justly, including avoiding unnecessary delay, expense, and complexity.

The decision remains entirely within the discretion of the Employment Judge. There is no automatic right to a postponement, regardless of how compelling the reason might appear.

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What Happens If Your Application Is Refused

If the postponement is refused, the hearing will proceed on the listed date. You should attend. Non-attendance without good reason typically results in the case being dismissed (if you are the claimant) or judgment being entered in your absence (if you are the respondent).

If you believe the refusal was wrong, you may have grounds to appeal to the Employment Appeal Tribunal, but only on the basis that the refusal amounted to a serious procedural irregularity that compromised your right to a fair hearing. The threshold is high.

Key authorities on this include:

• Teinaz v Wandsworth London Borough Council [2002] ICR 1471 (Court of Appeal) — a party who genuinely cannot attend through no fault of their own should generally be granted a postponement.
• Riley v Crown Prosecution Service [2013] IRLR 966 (EAT) — the tribunal must exercise its discretion judicially, balancing prejudice to both sides.

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How to Format Your Application

There is no prescribed form. A well-structured letter or email to the tribunal office, copied to the other party, is the standard approach. Your application should include:

• The case number and party names
• The date and type of the hearing you are asking to postpone
• A clear heading: "Application for Postponement of Hearing"
• Your full reasons with supporting evidence attached
• Confirmation that you have notified the other party (and their response, if any)
• Alternative dates when all parties are available

Keep it factual and concise. Emotional appeals or lengthy narratives are less effective than a clear, evidence-based explanation of why the postponement is necessary.

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Common Mistakes

Applying too late. The single most common reason for refusal. If you know there is a problem, act immediately.

Not consulting the other party. The Presidential Guidance expects this. Turning up with a unilateral application when a simple phone call or email could have established consent is a poor start.

Insufficient medical evidence. A fit note from your GP is not the same as a letter confirming you are unable to attend a hearing. Be specific about what you need from your doctor.

Vague reasons. "I need more time to prepare" without explaining what remains to be done and why it could not have been done earlier will rarely succeed.

Not attaching supporting documents. The application itself may not be considered without them.

Multiple postponements. If the case has already been postponed, a further application will be scrutinised very closely. Be prepared to explain why this time is different and to propose firm alternative dates.

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Costs Implications

The Employment Tribunal does not generally make costs orders, but postponement applications can be an exception. Under Rule 76, a party may be ordered to pay the other side's costs (including wasted preparation costs and witness expenses) if the postponement was caused by unreasonable conduct.

If you apply for a postponement and it is granted, but the reason was something within your control — for instance, poor preparation or a foreseeable diary clash — the other side may apply for their wasted costs. Be mindful of this when deciding whether to apply.

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Using BundleCreator for Your Postponement Application

BundleCreator includes a postponement application template in each employment tribunal bundle. The template follows the Presidential Guidance structure and prompts you to include all the information the tribunal expects. You can edit it directly in the document editor and export it as a PDF to send to the tribunal.

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This article provides general information about employment tribunal procedures in England and Wales. It is not legal advice, and BundleCreator.co is not a law firm and does not provide legal services. Before submitting any documents to the Employment Tribunal, you should seek guidance from a qualified legal representative such as a solicitor, barrister, or trade union representative. Free initial advice may also be available from Citizens Advice, ACAS, or your local Law Centre.