Right to fair trial not
breached when adjournment during Ramadan refused

In Khan v Vignette Europe Ltd the EAT held that a tribunal’s decision not to grant an
adjournment to accommodate a Muslim claimant’s wish for a period of mental and
purity during Ramadan was not a breach of the right to a fair trial established
by Article 6 of the European Convention on Human Rights (ECHR). The tribunal’s
decision was carefully balanced and considered all relevant factors.

Mr
Khan lodged numerous claims at an employment tribunal following his dismissal.
No objection was made to the hearing

dates, but midway through, Mr Khan applied for  an adjournment as he wanted to enjoy a period
of ‘mental and spiritual purity’ during Ramadan. The tribunal rejected his
application on two grounds. First, Mr Khan was well aware the dates for Ramadan
when the hearing dates were set, but did not object. Second, his right to a
fair trial under Article 6 of the ECHR was not a ‘trump card’: it was a factor
which had to be balanced against the employer’s right to a fair trial within a
reasonable time, and the public interest in bringing
litigation to a close.

The EAT rejected Mr
Khan’s appeal that he had been denied a fair trial. The tribunal had accepted
his religious beliefs and taken them into account when balancing his rights
with those of the employer. The decision had been arrived at after careful
balancing of all the relevant factors and contained no error in approach or
reasoning.