Ann Reynolds v Kismet Kebabs Ltd — 2021

The claimant did not attend the telephone hearing listed for 1 July 2021 at the East London Hearing Centre. The tribunal recorded that the notice of hearing had been sent to both parties, that neither the judge nor respondent counsel had difficulty dialling in, that the claimant had not provided a witness statement, and that there had been no recent contact from her indicating any difficulty in attending.

The claimant had emailed the tribunal on 30 June 2021 with additional evidence, showing that she knew of the hearing, and earlier emails referred to the hearing time as 11am rather than noon. The tribunal noted that an email correcting the time had been sent to the correct address. After the hearing, the claimant telephoned and said she had joined at 10:30, but the tribunal found that she had simply missed the hearing and that there were no technical difficulties preventing attendance. The claim was struck out under Rule 47, and the judge concluded that the interests of justice did not require reconsideration. The tribunal also referred to Dimitriu v Testerworld Ltd (t/a De Pharmaceutical) on non-attendance and striking out.