Mark request clearly

The Commission advises that representatives seeking a postponement of proceedings before the WRC should make the nature of their request clear in the subject line of the email making such a request.

The words ‘postponement request’ need to be included in the subject line of all postponement application emails.

Consequences of ambiguity

If the postponement request is included only in an attachment to an email, the WRC advises that the person processing the email will not be immediately aware that it is in fact a postponement application and will not prioritise that email until it is read in the normal rotation.

The Chairperson of the Employment & Equality Law Committee, Loughlin Deegan, advises that the exact status of the guidance is not clear as it is not included in the WRC’s guidance notes. Instead, it was provided in direct communication to specific solicitors making postponement applications on behalf of clients. However, regardless of the exact status of the guidance, it would be undoubtedly best practice for practitioners to follow the WRC’s advice.

Existing guidance

The WRC has previously issued guidance (that remains in effect) that postponement applications should be accompanied by documentary evidence in support of the stated reason from the application. Such evidence might include, for example, evidence of pre-arranged travel bookings for witnesses who are not available on the day of the scheduled hearing.

Law Society eZine

This article originally appeared in the February 2018 Law Society eZine. For more information, and to subscribe, see eNewsletters.