Mr T Miles v Rapid Care Limited — 2020

The tribunal listed Mr T Miles's claims of unfair dismissal and redundancy payment for final hearing on 8 June 2021 at London South Employment Tribunal. Employment Judge Abbott sat alone. Neither party attended the CVP hearing, and the tribunal clerk made repeated attempts to contact them by telephone. The judge noted that the respondent had previously written on 18 February 2021 saying it had not heard from the claimant since completing its ET3 and that the claimant had not complied with directions to provide a schedule of loss or the basis for his compensation claim.

Applying rule 47 of the Employment Tribunals Rules of Procedure 2013, the tribunal considered the available information, the unanswered enquiries, and the absence of any explanation from the claimant for not attending or participating in the preparation of the hearing. The judge recorded that the hearing could not proceed in the absence of both parties.

Taking account of the overriding objective, the tribunal decided that the appropriate course was to dismiss the claim. The judgment therefore dismissed both the unfair dismissal complaint and the redundancy payment claim. No substantive findings were made on the merits of either claim, and no monetary award was made.

The judgment also states that if the claimant seeks reconsideration, he must apply within 14 days of the judgment being sent to him and must copy the respondent with any application, together with an explanation for his failure to attend, be represented at, or prepare for the hearing.