Mr F Iloghalu v Amey Services Limited — 2022

The claimant made three applications to postpone the final hearing on ill-health grounds. Those applications were refused, including the most recent application received the day before the hearing. After the refusal, the claimant was informed by email that the case would proceed on 26 April 2022, but he did not attend by CVP or otherwise.

The respondent applied for dismissal under Rule 47 because the claimant had not attended and had not filed evidence. The Tribunal considered the available information about the claimant's absence, the prior postponement decisions, and the authorities relied on by the respondent. It found that pleadings were not evidence and that no witness statement had been filed by the claimant.

The Tribunal concluded that the nature of the complaints meant they would inevitably fail in the claimant's absence: constructive unfair dismissal and breach of contract required proof by the claimant, and the race discrimination and victimisation complaints required facts from which discrimination could be concluded. It also noted that the respondent had filed witness statements denying key allegations and documents which tended to corroborate those statements. The claim was dismissed under Rule 47.