Mr C A Roman v Toyoko Inn UK Limited — 2022

At a preliminary hearing before Employment Judge Leach in Manchester on 10 March 2022, the tribunal considered the respondent's rule 47 application after Mr C A Roman failed to attend the final two days of the merits hearing on 20 and 21 August 2020. Mr Roman had emailed the tribunal saying he was unwell and seeking an adjournment, and his GP later provided a note referring to acute anxiety, lack of sleep and stress. After further directions and an unless order, the tribunal heard evidence from Mr Roman and concluded that there was no medical reason for his absence.

The judge found that Mr Roman had become frustrated and angry about the way the hearing was progressing and that he did not raise his tiredness or any unwellness with the tribunal judge in a way that justified not attending. The tribunal accepted that he was tired, but found that he had not shown a good reason for missing the hearing. In reaching that conclusion, the judge referred to the effect of the non-attendance on the progress of the case, the overriding objective, and the need to consider fairness to both sides.

Having found no good reason for the absence, the tribunal exercised its discretion under rule 47 and dismissed the claim. The reasons record that the respondent, its counsel and witnesses were left unable to continue, and that the claimant had effectively withdrawn himself from the tribunal process. The judgment does not determine the merits of the underlying constructive dismissal, automatic unfair dismissal under s.104 ERA 1996, race discrimination, or protected-disclosure detriment claims.