Mr Kevin Clay v Mitie Limited Heard: At London South - remotely (by CVP video link) — 2022

The hearing took place remotely by CVP on 3 October 2022 before Employment Judge Cox. Mr Kevin Clay did not attend and was not represented. The respondent attended through counsel, Mr A McMillan, and a witness. The tribunal noted that the claimant had previously engaged by email, had been sent the hearing details and CVP link on 30 September 2022, and had replied later that day asking what to do if the link did not work.

The clerk opened the CVP waiting room early and an unknown participant with a Pentonville Prison address joined before 10.00 am, but dropped out before the hearing began and did not re-enter. Between 10.00 am and 10.30 am the clerk telephoned the claimant three times, left one voicemail, and emailed the claimant the CVP link and helpdesk contact details. The tribunal also delayed the start of the hearing to allow the claimant an opportunity to join.

By 11.10 am the claimant had not made contact or provided any reason for his absence. Having regard to the absence of any explanation and the overriding objective, the tribunal dismissed the claimant's claims under Rule 47 of the Employment Tribunals Rules of Procedure 2013. The judgment records that written reasons were later requested, and it does not determine the substantive merits of the claim heads.