Ms E Ajayi v Madigangil Security Limited — 2024

The claimant did not attend the final hearing on 16 October 2024. The tribunal recorded that the claimant could not be contacted on the telephone number it had, that there was no apparent reason for the non-attendance, and that it was satisfied the claimant was aware of the hearing because it had been listed at a case management hearing on 1 February 2024 when the claimant was represented. The claimant's then representatives came off the record on 19 September 2024 and provided the tribunal and respondent with the claimant's email address.

The tribunal decided that it was not in the interests of justice to postpone the hearing. It found there was no good reason to adjourn and that any postponement would likely be for around a year, causing unfair prejudice to the respondent because witness memories would fade further and additional costs would be incurred.

The unanimous judgment was that the claims were dismissed under rule 47 of the Employment Tribunals Rules of Procedure 2013. In the alternative, the tribunal said the claims would have been struck out under rule 37 because they were not being actively pursued and because the claimant had not complied with the case management orders dated 1 February 2024, including failing to submit witness evidence and disclosure. The tribunal also recorded that the claimant had not responded to the respondent before the hearing, had not completed a telephone call from the respondent's representative, and had refused the hard-copy hearing bundle when it was sent to her.