Mr N Patel v Samedan Limited — 2021

The hearing took place by video conference on 22 January 2021 before Employment Judge Kelly sitting alone. The claimant did not attend the hearing, which had been listed to start at 10.30am. The tribunal made enquiries about the absence, including telephone calls to the claimant and consideration of the respondent's account that the last correspondence it had received from him was an email dated 29 November 2019. The respondent said it had tried to agree the bundle and agenda with the claimant, but he did not respond.

The tribunal considered whether to dismiss the claim, proceed in the claimant's absence, or adjourn. It noted that the claimant's mobile number was no longer working and the landline appeared no longer in use. The tribunal concluded that the claimant had acted unreasonably in failing to attend without notification or explanation, and that dismissal was consistent with the overriding objective because it dealt with the matter proportionately, avoided delay, and saved expense. The judgment therefore dismissed the claimant's claims on non-attendance. The tribunal also noted that the respondent might, if appropriate, apply for costs.