Mr M Peter v Midkent College — 2019

Mr M Peter did not attend the hearing in Ashford on 28 November 2019. He emailed at 6am saying only that he was unwell and unable to travel. The tribunal emailed back asking whether he was seeking an adjournment and requesting a doctor's note and a telephone number. Mr Peter replied that he was not asking for an adjournment, said he was living and working in the United Arab Emirates, and explained that he had severe back pain since the previous afternoon. He said he did not have a doctor's note and said he could provide a telephone number, but did not do so.

By the end of the hearing, the tribunal had also asked for evidence of the airline ticket and the claimant's telephone number, but no reply had been received. The tribunal recorded that it appeared Mr Peter knew the day before, if not earlier, that he would not be attending, and noted that this was the second adjournment of the preliminary hearing. It also considered that the matter had little chance of being ready for the final hearing listed for January 2020. In those circumstances, the tribunal dismissed the claim for non-attendance under Rule 47 of the Employment Tribunals Rules of Procedure. No remedy was awarded because the claim was dismissed without a merits determination.