Mr T Neal v Murray Mcintosh (a firm) — 2024

The case was listed for final hearing on 3 October 2024 at East London Hearing Centre by CVP. The respondent attended through its managing director, Mr S Cave, but the claimant, Mr T Neal, did not attend and was not represented. Tribunal staff telephoned the claimant on the hearing day, but the calls were unanswered. The judgment records that the same thing had happened at the previous final hearing listed on 1 July 2024, when the respondent attended but the claimant did not answer the Tribunal clerk's calls.

After the 1 July 2024 hearing, EJ Howden-Evans made case management orders requiring the claimant, within 14 days, to explain his non-attendance and say whether he wished to continue with his claims. The orders expressly referred to the Tribunal's power to dismiss for non-attendance under rule 47 and to the possibility of strike out under rule 37. No response was received. A further strike out warning was sent on 10 September 2024 requiring a reply by 24 September 2024, but again there was no response.

Against that background, the Tribunal found that the claimant had twice failed to attend final hearings, had not answered telephone contact on hearing days, and had ignored the case management orders and the strike out warning. The Tribunal concluded that these actions suggested he had no intention of pursuing the case. It also noted that the respondent had not had any recent contact from the claimant, and that another adjournment would not achieve anything.

The Tribunal therefore dismissed all of the claimant's claims, which were claims for holiday pay and unpaid wages / unlawful deductions from wages, under rule 47. No monetary remedy was awarded.