No attendance For the v Estabulo Group — 2019

The claimant presented complaints on 24 September 2019, but the claim form was not fully completed and no response was received from the respondent. A preliminary hearing was arranged for 14 November 2019 in Leeds, and an interpreter was arranged after the claimant applied for one in October.

The claimant did not attend the hearing and did not make contact with the tribunal. The judge noted that the clerk had tried to contact him by email and telephone, but there was no response. The judge considered whether to make an unless order requiring an explanation for the absence, but decided that this would cause further delay and expense.

The tribunal concluded that the likely position was that the claimant did not pursue the claim and did not wish to attend. In those circumstances, the judge exercised the discretion under Rule 47 and dismissed the claimant's complaints of unfair dismissal, age discrimination, notice pay and holiday pay. No substantive merits findings or monetary award were made.