Aderonke Adeniji v LIngwell Croft Surgery — 2020

The case was heard at Leeds on 6 March 2020 before Employment Judge JM Wade. The claimant, Aderonke Adeniji, did not attend at the listed start time. The clerk telephoned her and recorded that she had thought the hearing was at 2pm, had received the second notice of hearing, and said she could arrive by taxi in about 15 minutes. The tribunal delayed the start and made further contact attempts, including a call to a person who said he was not on the record and had been due to represent the claimant.

The judgment records that a prior Rule 26 review had been carried out to consider whether the unfair dismissal complaint should be struck out because the claimant did not have two years' service. The judge also recorded that the short particulars suggested further complaints of constructive wrongful dismissal and direct race and sex discrimination or harassment on those grounds, but said the details were insufficient and that limitation was a clear issue.

When the hearing began at 10.50am, with no attendance or representation for the claimant, the respondent applied under Rule 47. The tribunal considered adjournment, proceeding in the claimant's absence, and immediate dismissal, and concluded that the balance of prejudice lay against the claimant. It dismissed the claimant's complaints under Rule 47 without determining their merits, and no remedy was awarded.