Did not attend For the v Respondent — 2022

The claimant did not attend the hearing on 24 May 2022. Employment Judge Davies, sitting with Mr T Downes and Mr L Priestley, recorded that the claimant had not produced a witness statement in breach of tribunal orders and had not contacted the tribunal to explain his absence. The tribunal also tried to call him, but his phone number was not recognised.

Because the claimant was absent, the tribunal dismissed the claim pursuant to Employment Tribunal Rule 47. The reasons state that the burden of proof in the automatically unfair dismissal complaint was on the claimant, and that in the detriment and discrimination complaints he had the initial burden of proving facts from which inferences could be drawn. The tribunal considered dismissal consistent with the overriding objective in those circumstances. No substantive merits findings or monetary award were made.