Mr R Henry v CIS Security Limited — 2024

By a letter dated 4 January 2024, the Tribunal notified the parties of a preliminary hearing on 17 April 2024 to determine whether the claimant's unfair dismissal claim should be allowed to proceed, because it appeared the claimant may not have been dismissed at the date the claim was brought. On 16 April 2024 the claimant's representative said he was unwell and would not attend, and Acting Regional Employment Judge Khalil required medical evidence by 3pm if a postponement request was to be considered.

No further communication was received from the claimant or his representative, and neither attended the preliminary hearing. The Tribunal recorded that neither side had prepared witness statements or a bundle before the hearing, so there was no evidence that the claimant had planned to attend independently of the representative's indisposition, although there was also nothing from the respondent to indicate that was the case. Applying rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the Tribunal struck out the claim because of the claimant's non-attendance. The hearing listed for 9, 10 and 11 October 2024 was vacated.