Mr C Coxswain v Otium Services & Facilities Limited — 2022

Mr Coxswain’s complaint of unfair dismissal under section 94 of the Employment Rights Act 1996 was struck out. The tribunal had written to him on 26 January 2022 warning that he did not appear to have the two years’ service required by section 108 ERA 1996, and gave him until 2 February 2022 to explain why the claim should not be struck out. No such reasons were provided.

The claimant did not attend or arrange representation at the telephone case management preliminary hearing listed for 13 September 2022. The Employment Judge telephoned him; he said he had not received the notice of hearing and, when invited to join, said he could not speak to the judge that day and asked for the hearing to be relisted.

The judge ordered Mr Coxswain to send the Bristol tribunal office, with a copy to the respondent, a written explanation for his non-attendance confirming whether he wished to pursue his claims. The order recorded that if no communication was received by 31 October 2022, or if he confirmed that he did not wish to pursue the case, the remaining claims for pay and discrimination because of race or religion or belief would stand dismissed without further order.