Miss K Hall First v Lumina Investments Limited Second Respondent: Mr M Tudgay — 2021

The Tribunal listed the final hearing for 7 to 9 June 2021 in relation to the Claimant's claims of sexual harassment and victimisation. The hearing took place by CVP before Employment Judge R Havard, with Ms L Gibson and Ms K Smith as lay members. The Claimant did not attend and no-one appeared on her behalf. The Tribunal emailed her asking her to contact the Tribunal, but there was no reply.

The Tribunal reviewed the case management history, including the preliminary hearing on 11 January 2021, the order and directions sent to the Claimant on 13 January 2021, and the hearing notice sent on 24 January 2021. It also noted later correspondence about judicial mediation and witness statements. The Tribunal recorded that there had been no witness statement from the Claimant, and that Newport CAB had not confirmed itself as officially on the record, although Mr Jones had been copied into correspondence and appeared to have been aware of the order.

Before deciding how to proceed, the Tribunal made enquiries of Newport CAB and heard brief observations from the First Respondent and the Second Respondent. Mr Jaswal said the First Respondent had tried to engage with the Claimant from the outset, that she had failed to attend a grievance hearing, and that she had remained unresponsive despite being invited to return to work after furlough. The Second Respondent supported that account.

The Tribunal concluded that it had taken all practicable steps to enquire into the Claimant's absence, that she had been notified of the hearing dates, and that she had failed to attend. In those circumstances, and taking account of the history of the case, it dismissed the Claimant's claims pursuant to rule 47 of the Employment Tribunals Rules of Procedure 2013. The Tribunal noted that the Claimant could apply for reconsideration if she wished and would need to explain her non-attendance and failure to respond to the Tribunal's email of the hearing day.