Mr N Patel v Mr D Tyer — 2020

This was a preliminary hearing heard by telephone on 18 November 2020 before Employment Judge Kelly sitting alone. The claimant, Mr N Patel, did not attend. The tribunal noted that he had been reminded about the hearing on 15 October 2020 and again on 17 November 2020, and that calls were made to both of his numbers at 11.00, 11.15 and after 11.30 without answer.

The tribunal considered whether to dismiss the claim, proceed in the claimant's absence, or adjourn the hearing, mindful of rule 47. It found that the claimant had acted unreasonably in failing to attend, particularly given his representative's information that he would attend and was briefed to do so.

Applying the overriding objective of dealing with cases proportionately and avoiding delay and expense, the tribunal dismissed the claimant's claims on non-attendance. The judgment does not contain any merits findings on the underlying race discrimination, religion or belief discrimination, unfair dismissal, or unlawful deduction from wages claims.