Mr S Richards v UPS limited — 2024

The hearing was listed as the final hearing of the claimant's claims for unfair dismissal and breach of contract. The claimant did not attend and emailed the Tribunal at 02.57am on the hearing date saying he had developed covid symptoms, applying for a postponement and asking about next steps.

The Tribunal recorded that the hearing had already been postponed once on the claimant's application, following a strike out warning for non-compliance with case management orders. It also recorded continued non-compliance, an unless order made on 6 September 2024, and a further postponement request the day before the hearing after permission was refused for a witness to give evidence by video from Turkey.

After considering the claimant's absence, the information available, and the history of the proceedings, the Tribunal concluded that the claimant was not actively pursuing his claims. It dismissed the claims. The Tribunal did not determine the respondent's costs application in the claimant's absence and instead made a case management order requiring the claimant to show cause why costs should not be awarded against him.