Mr Illingworth First v The Co-operative Group Limited Second Respondent: Sion Legg Third Respondent: Blue Arrow Ltd — 2021

The case was listed for a preliminary hearing on 12 July 2021 before Employment Judge Broughton. Representatives for the respondents attended and had prepared a bundle, list of issues and agenda. The claimant did not attend, had sent no documents to the tribunal, and had not provided any explanation for his non-attendance or any request for an adjournment.

The tribunal noted that a previous preliminary hearing had been held on 12 February 2021, at which the claimant also failed to attend. After that hearing, an order had been made requiring the claimant to explain his non-attendance, failing which the claim would be struck out. The claimant then emailed the tribunal on 19 February 2021 saying he had been unaware of the telephone hearing and would keep an eye on emails in future, so the claim was not struck out and was relisted.

At the 12 July 2021 hearing the tribunal confirmed that notice had been sent to the claimant's correct email address, including the address used in his February 2021 email. Tribunal staff attempted to contact him during the hearing, but the calls were not answered and went to voicemail. After 30 minutes, the hearing was terminated. The respondents also informed the tribunal that the claimant had not served a schedule of loss or exchanged documents in accordance with earlier case management directions.

The tribunal found that the claimant had not complied with orders for the preparation of the case or attended the hearing, and that he was not actively pursuing the claims. After making all practicable enquiries into the reason for his absence, Employment Judge Broughton dismissed the claim under rule 47. No substantive findings on liability or remedy were made.