Did not attend For the v Ms Younis (Peninsula) — 2024

The claim was a complaint of unfair dismissal presented on 15 November 2023. In the claim form, the claimant said he had prepared a written resignation letter and handed it in at a disciplinary hearing, that it was not accepted immediately, and that he was given time to consider whether he wanted to retract it. The case was initially set down for hearing on 11 April 2024, and the Tribunal made case management orders requiring disclosure and a witness statement. An earlier judge also observed that a resignation does not need to be accepted to take effect and that the real issue was likely to be whether there had been a fundamental breach of contract before the resignation, such that the claimant could argue constructive dismissal.

The claimant’s representatives came off the record on 6 March 2024 and, by the time of the September hearing, he had not provided disclosure or a witness statement and had had limited communication with the respondent. He had made two unsuccessful postponement applications before the hearing date, supported by fit notes referring to stress-related issues and a psychotherapist’s letter saying that attending might be detrimental to his wellbeing, but the Tribunal noted that the evidence did not give a clear diagnosis or say when he would be fit to attend. On the hearing day he did not join at 10am; when contacted, he said he was sofa-surfing, did not have proper internet access, and was not well enough to participate.

Employment Judge Davies dismissed the claim pursuant to Employment Tribunal Rule 47. The judge took the overriding objective into account, including proportionality, delay, expense, and the interests of both parties. The reasons included the claimant’s knowledge of the hearing date since 9 July 2024, his failure to comply with case management orders, the lack of any clear prospect that he would be able to engage properly with the case, and the prejudice to the respondent from the continuing delay. The judgment records dismissal of the claim without any merits determination or monetary award.