A disabled man with prostate cancer has had his employment tribunal for unfair dismissal postponed the day before it was due to take place because a judge was not available – 13 months after exactly the same thing happened.
Joe Mezgebe, an IT technician, who first presented his claim against Christ’s College, Finchley academy in June 2021, has lost £15,300 in fees to his barrister as a result of the cancellations, and fears he may not live to see justice done.
The former member of the armed forces, who uses crutches as a result of a 2015 car accident, was sacked from his job in 2021 and originally given a trial date of 14 September last year at Watford employment tribunal, in Hertfordshire, but his case was postponed on the eve of the hearing.
It was relisted for 26 September this year. But when Mezgebe and his barrister turned up at the tribunal they were told by a court official that his solicitors had been notified of a second postponement the previous day.
However, the notification, sent at 4.25pm the day before the supposed hearing date, had been emailed to someone who no longer worked at the law firm.
“The second time was like a tipping point for me,” said Mezgebe, “I was suicidal. I’m 100% sure that if this is not exposed, they’ll do it again. It could happen again and again. I just lost all hope – all the hard work, revision, all the reading back through the notes and everything else for what? Nothing. Will I live long enough to fight my case?”
Court papers show the tribunal has known since 2022 that Mezgebe has cancer.
After the second cancellation he was told the hearing would be rescheduled for “as soon as possible” – but he was then given a date of September 2026. In November, after Mezgebe wrote to the prime minister, he received a new date of October 2025 with, bizarrely, “judiciary unavailable” in 2026 given for the date being brought forward.
He said: “Given my current medical conditions I may not be alive or fit enough to attend this hearing. The public need to know, especially those that are self-funding their legal fees, that they could lose all their money [because of a postponement]. As a person on low income I can no longer afford to have legal representation in the relisted hearing so it’s denying me having a fair hearing.”
A letter from HM Courts and Tribunals service, responding to the letter Mezgebe sent to the prime minister, said: “It may be helpful if I explain that a legal representative isn’t a requirement to bring a case to the tribunal, and your claim can still continue if you don’t have a solicitor.”
But Mezgebe said he has been put at a disadvantage as his former employer will still be able to instruct a barrister.
The latest statistics show the backlog in the employment tribunals increasing, with the number of open cases in April to June 18% higher than the same period last year. Minutes of the employment tribunal user group’s April meeting revealed concerns about a shortage of judges in the south-east and London, with the cost of living thought to be the likeliest explanation.
The Ministry of Justice said: “The government inherited a crisis in our justice system and a tribunals backlog at soaring levels. While we are bound by a challenging financial inheritance, this government is fully committed to tackling backlogs across the justice system. We are now beginning this work and have continued the investment this year in the recruitment of approximately 1,000 judges and tribunal members.”
Source: theguardian.com
