Mirela Dragomir v Bowshank Ltd, Ridgeway Court — 2023

Mirela Dragomir's claim against Bowshank Ltd, Ridgeway Court was listed for a private telephone hearing on 14 February 2023 before Employment Judge Kelly sitting alone. Neither party attended. The tribunal noted that notice of the hearing had been sent on 11 August 2022, that a reminder and attendance information were sent on 2 February 2023, and that the parties had been instructed to complete and return an agenda, but no agenda had been received.

The tribunal also recorded that there was no evidence on the file that the claimant had contacted the tribunal since her claim was issued. At the hearing time, the tribunal called the claimant twice, both calls went to voicemail, and it was not possible to leave a message. An email was then sent to both parties at 14.20 with joining details, but by 14.40 the claimant still had not joined the hearing.

Applying rule 47 of the Employment Tribunals Rules of Procedure 2013, the tribunal considered whether to dismiss the claim, proceed in the claimant's absence, or adjourn. It decided that dismissal was proportionate in line with the overriding objective, because the claimant had acted unreasonably in failing to attend the hearing.