Can an employer refuse to allow time off work to attend Tribunal hearings?

[Itsalonglongroad]

Just a quick question, and as the title says really.
I can't go into much detail in case I out myself. This is regarding child maintenance. I appealed against a maintenance calculation as my ex is earning a second income, which he conveniently didn't tell the CMS about, or the Tax man for that matter!

The CMS investigating unit found evidence of this extra income in his bank account, which resulted in me winning my appeal, and the maintenance being 're calculated.

Now, my ex has since applied to appeal this decision on the grounds that everything has been misinterpreted because he wasn't able to get time off work in order to attend the hearing and put his point across.
The thing is, he has never turned up to any of the hearings! and has often ignored requests to send certain documentation to the Court.

An Upper Tribunal hearing is to be held soon, and I just wondered whether ex has a 'case' in the fact that it isn't 'his fault' that he wasn't able to attend hearings, but instead its down to the say so of his employer.
His job is in retail, so I can't see how he couldn't have time off.

I've just realised the time writing this and am due at work shortly, so I'll have to come back on later.
I'd appreciate any advice, thanks!

[Itsalonglongroad]

...

[Mmmmdanone]

I don't know if they can refuse him time off for it, but the tribunal would want him to be there to answer questions and I'd imagine his absence won't do him any favours. He can't keep asking for another hearing just because he can't attend them when arranged.

[Mmmmdanone]

What I mean is, he'd better be there or it will be decided and he'll likely not get another chance.

[Princecharlesfirstwife]

So the UT are looking st his case to see if the original decision can be set aside and reheard? In which case the judge may well decide that him being ‘denied’ (whether true or not) the chance to attend meant that the appeal wasn’t properly heard and will allow a new hearing.

[gallicgirl]

I'm guessing he knew about hearings well in advance so could easily book leave for the hearings. It seems odd that his employer would refuse annual leave fo every single occasion.

[ForalltheSaints]

Perhaps he thought no decision against him would be made if he did not turn up, and this has not worked as he hoped?

[Itsalonglongroad]

Thanks all.
Mmmmdanone
That's just it, he's never previously asked for another hearing. He's either not bothered to even let the Court know he wasn't going to attend (and just didn't show up) , or he let them know either on the hearing day itself, or maybe the week before.

He also never once asked in advance for any hearing to be 're scheduled.

ForalltheSaints
He knew the Judge could make adverse inferences about his income, if he didn't turn up, as he was warned by letter in advance.

I think if the Upper Tribunal decide there should be yet another hearing, by the first tier tribunal, I'll be really pissed off as my fuckwit ex most likely won't turn up again!
Especially as there's already been six hearings and he hasn't been to one of them.
I'd be disgusted that he can 'fuck' everyone around.

[Itsalonglongroad]

The last bit should have said 'continue' to fuck every one around!

[Mmmmdanone]

They won't likely give him more chances. If the UT allows another FT tribunal and he again doesn't show up he won't be able to use his absence as an excuse again. I would hope.

[Gagastwin]

Missed 6 hearings?!? I can't see them accepting his appeal now, especially if he didn't send in documents and statements