Brett Millington v Asda Stores Limited — 2019

The hearing concerned the respondent's applications to strike out the claims. The claimant did not attend and was not represented. The Tribunal noted that the claimant had indicated shortly before the hearing that he might not attend due to work commitments, had been told the hearing would proceed, and made no adjournment application. The judge attempted to telephone the claimant but could not reach him, and decided to proceed.

The Tribunal struck out the claims under rule 47 because of the claimant's non-attendance. It also found the claims were out of time. The claimant had been summarily dismissed on 8 December 2018, early conciliation ran from 6 February 2019 to 1 March 2019, and the Tribunal calculated that time expired on 30 March 2019. The claim was lodged on 4 April 2019.

The unfair dismissal claim was struck out because no reason had been given why it was not reasonably practicable to submit it in time. The discrimination claims were also struck out because no explanation or attendance provided an evidential basis for concluding that it would be just and equitable to extend time. The respondent sought costs of £850 for counsel's brief fee; the Tribunal made an unless order requiring the claimant to show good cause why a costs order should not be made.