Mr A Parker v Ashfield Effluent Services Limited — 2021

The claimant did not attend the preliminary hearing on 7 May 2021. His representative attended, produced an unsigned witness statement on employment status, and said the claimant was unwell and suffering from anxiety, but there was no medical evidence and no application to postpone the hearing. The respondent had not been warned that the claimant would not be attending.

The tribunal dealt first with compliance with the Unless Order made on 4 February 2021, which required each party to exchange relevant documents by 4 March 2021. The respondent said the claimant disclosed bank statements and timesheets only under cover of a letter dated 6 April 2021, more than a month late. The claimant's representative said the claimant had difficulty obtaining the bank statements because of technical issues and said there had been a family dispute about the timesheets, but the tribunal noted that there was no supporting evidence such as bank correspondence and no explanation of the issue in the claimant's witness statement.

The tribunal found that the claimant had been in possession of at least some bank statements by 4 March 2021 but chose not to disclose them, and it did not accept that the bank statements or timesheets were outside his possession or control. It held there had been material non-compliance with the Unless Order and that the claim was struck out on 5 March 2021. The tribunal noted that an application under rule 38(2) to set aside the strike out could be made, but none was made at the hearing.