Mr P Russell v Orridge & Co Limited — 2023

The case was heard by telephone at Midlands West Employment Tribunal on 27 July 2023 before Employment Judge Kelly sitting alone. Mr P Russell did not attend. For the respondent, Ms Waplington, HR Manager, attended. The tribunal recorded that the judgment was that the claimant’s claim was dismissed because of his non-attendance.

In the reasons, the tribunal said it had considered whether to dismiss the claim, proceed in the claimant’s absence, or adjourn the hearing. The hearing was listed for 10.00am and did not start until 10.15am to allow time for the claimant to attend and for enquiries to be made. The tribunal emailed the claimant with hearing details on the morning of the hearing and again at 10.05am, but the claimant had not provided a contact telephone number.

The respondent told the tribunal that it had had no contact with the claimant. It said it emailed him with the hearing agenda two weeks earlier, reminded him on 17 July 2023, and received no response. The tribunal concluded that the claimant had acted unreasonably in failing to attend. Applying rule 47 and the overriding objective, it decided that dismissing the claim was proportionate, avoided delay, and saved expense.