No appearance For the v Ms R Jessop, solicitor — 2022

The claimant presented a claim of unfair dismissal on 5 March 2021. He said he had been employed from 11 November 2016 to 2 February 2020 as a general assistant. The respondent said his employment ended on 30 June 2019 and that, if those dates were correct, the claim was out of time. The hearing on 15 February 2022 was conducted remotely by CVP before Employment Judge Elliott, with no appearance for the claimant and Ms R Jessop, solicitor, for the respondent.

The tribunal considered Rule 47 of the Employment Tribunal Rules of Procedure 2013 because the claimant did not attend. The tribunal made enquiries of the respondent's solicitor, who said she had not heard from the claimant since 19 January 2022, when he telephoned and said he did not wish to proceed with the claim. That was confirmed in an email sent to him on 19 January 2022 asking him to inform the tribunal without delay if he wished to withdraw, and suggesting he take independent legal advice or contact the ACAS officer. No reply was received.

On 9 February 2022 the tribunal emailed the claimant asking him to say promptly if he was no longer pursuing the claim so that the hearing could be removed from the list, and warning of the increased risk of a costs order if he simply failed to appear. At the start of the hearing, tribunal administration confirmed that nothing had been received from the claimant. The respondent asked for dismissal under Rule 47. After considering the available information and the enquiries made, including the claimant's apparent statement that he did not wish to proceed and his failure to comply with case management orders, the tribunal dismissed the claim under Rule 47. The respondent reserved its position on any costs application.