Claimant v London General Transport (Go Ahead London Ltd) — 2021

This was an Open Preliminary Hearing on 6 July 2021 in a case brought on 16 June 2020 and arising from the claimant's employment between 1 November 2015 and 13 February 2020. The tribunal had listed the matter because it was brought out of time. The claimant did not attend, sent no message explaining his absence, and had not prepared the requested agenda. The respondent's counsel said there had been no recent contact from the claimant.

Employment Judge Cheetham QC concluded that the claimant was no longer actively pursuing the claim, perhaps because he had realised the limitation issues he faced. The judgment dismissed the claim, but the dismissal was not to take effect until 3 August 2021 so that the claimant could make written representations. The judge noted that, if absence was due to a medical reason, supporting medical evidence would be needed.

The respondent applied for costs on the basis that the claimant had behaved unreasonably by not attending a hearing of which he had been notified the previous November. The respondent sought recovery of counsel's brief fee of £1,250. The judge agreed that it was unreasonable for the claimant to do nothing, as this wasted the respondent's time and money and the tribunal's resources, and indicated that a costs order was being considered in the provisional sum of £1,250 subject to representations and evidence of the claimant's means.