Mr B. Austin v Arcus FM Limited — 2025

The Tribunal recorded that the Claimant had brought claims including constructive dismissal, race discrimination and whistleblowing. The whistleblowing detriment claim was dismissed on withdrawal after the Claimant confirmed he was not pursuing it, and the race discrimination claim was struck out because the claim form disclosed no arguable basis for such a claim.

On the second day of the final hearing, the Claimant did not attend because of a separate housing hearing and then confirmed that he would not attend later that day or the following day. The Tribunal considered the available information, the Claimant's reasons for absence, the stage of the evidence, delay, witness attendance, costs, and Tribunal resources.

The Tribunal decided that continuing in the Claimant's absence or adjourning would not be appropriate. It dismissed the constructive dismissal claim under Rule 47 because the Claimant had neither attended nor been represented on the second and third days of the hearing. No costs application was made.