Did not attend For the v Respondent — 2023

The hearing took place in chambers at Exeter on 9 May 2023 before Employment Judge N J Roper with lay members Ms E Smillie and Mr K J Sleeth. The claimant did not attend and was represented by no one; the respondent was represented by Ms S Hornblower of Counsel.

The tribunal recorded that the claimant had a long history of non-compliance with Tribunal orders and of failing to attend agreed hearings, both during his employment and in the conduct of the proceedings. The case had been presented on 22 December 2021, and the length and venue of the hearing had previously been agreed at a case management hearing on 24 August 2022.

The claimant had been the subject of applications for strike out and/or unless orders because of repeated non-compliance. He failed to attend a third case management hearing on 24 April 2023 and then made repeated applications for postponement on 24 and 26 April and 1 and 3 May 2023. The reasons given included difficulty obtaining time off work, disagreement with the previously agreed venue, inability to comply with directions, and illness. Those applications were refused.

The tribunal noted that the claimant made clear that if a postponement was not granted he would withdraw his claim, and he also confirmed by email that he did not intend to attend the hearing. The unanimous judgment was that, having considered all information made available to it and in the claimant's absence, the claimant's claim was dismissed pursuant to Rule 47.