Mr R Shunmoogum v St George’s University Hospitals NHS Foundation Trust — 2020

Employment Judge Kelly, sitting alone at London South by video conference on 27 October 2020, dismissed the claimant's claims on his non-attendance. The judgment records no appearance by the claimant and an appearance by Ms L Sellen, a solicitor, for St George's University Hospitals NHS Foundation Trust.

The Tribunal considered rule 47 and whether to dismiss the claim, proceed in the claimant's absence, or adjourn. It made enquiries about the claimant's absence, checked that notice of hearing had been sent on 24 August 2020 to the claimant's email address from the claim form, and arranged calls to the claimant's number and to the representative named on the claim form.

The Tribunal was told by a relative that the claimant was in Mauritius and might not know about the hearing if he was not checking emails regularly. The named representative said they no longer represented the claimant and understood him to be representing himself. The respondent had not heard from the claimant since he had asked for postponement of a previously listed July hearing because he would be abroad.

The Tribunal found that the claimant had acted unreasonably in failing to attend and had ample notice of the hearing. It stated that, if he was unable to attend, he could have applied for an adjournment as he had previously. The Tribunal considered dismissal to be in line with the overriding objective, including proportionality, avoiding delay and saving expense. No remedy was awarded.