Mr G Lloyd v In2Stone Limited — 2019

The case was listed for trial on the claimant's unfair dismissal claim before Employment Judge Dawson in Southampton on 14 August 2019. The claimant did not attend at 10:00 am, the matter was stood down until 10:30 am, and he still had not appeared. The tribunal then contacted the Bristol administrative section, which said it had spoken to the claimant and was told that he had previously withdrawn his claim in writing and was not attending the hearing.

The tribunal found there was no record of any written withdrawal on the tribunal file, and the respondent confirmed that it had no record of any withdrawal and had not been told of one by the claimant. The judge said it was not appropriate to dismiss the case as a withdrawal under rule 51 of the Rules of Procedure because the claimant had not withdrawn it in the course of the hearing and no written withdrawal had been seen.

Instead, taking account of the claimant's absence and his failure to comply with the directions in the tribunal's letter of 21 November 2018, the judge concluded that it was appropriate to dismiss the claim under rule 47 on the basis of non-attendance. The respondent's application for costs was not determined; the tribunal directed that any costs application should be made in writing and on notice to the claimant.