Gemma Stork v Mr P Sivakingam t/a Sandybank Garage — 2019

This was a final hearing at Manchester on 16 September 2019 before Employment Judge Hoey, Ms Dowling and Ms Cadbury. The claimant did not attend and was not represented. The respondent attended with witnesses and was represented by a solicitor. The tribunal delayed the start for around 25 minutes and called the claimant without success. It noted that the claimant had prepared an impact statement in February but had not further engaged with the respondent and had not provided a witness statement despite the respondent serving one and reminding her of the order.

Having considered the material before it and the claimant's non-attendance, the tribunal said it was not possible to determine the claims in her absence. It found that reasonable enquiries had been made as to the reasons for her absence and that she had been advised of the hearing dates. The tribunal unanimously dismissed each of the claimant's claims under Rule 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

The tribunal recorded that if the claimant had good reason for not attending, she could write to the tribunal, copying the respondent's agent, seeking reconsideration under Rules 70 and 71 and providing her reasons for absence and for the application.