Magdalena Lukasik v Chandraprakash Shantiratnam — 2024

The tribunal dismissed the claim under rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 because the claimant did not attend the hearing and was not represented. The final hearing had been listed for 11 to 15 March 2024 following a preliminary hearing on 8 February 2023, at which the claimant had attended by telephone and was told of the final hearing dates.

Neither party attended on 11 March 2024. The tribunal clerk contacted the claimant using the telephone number on record, but the call was answered by someone who said they were not the claimant and did not know her. The tribunal also contacted the respondent’s representative, who said they did not think attendance was necessary, apparently because of correspondence about the claimant’s failure to comply with directions and an indication that no action would be taken on a strike out before the final hearing.

The tribunal recorded that no bundles had been filed and there was no evidence on which it could properly proceed in the absence of the claimant and the respondent. It also noted that the tribunal office had received no correspondence from either party explaining the non-attendance. Having considered the information available and made practicable enquiries into the absence of the parties, the tribunal dismissed the claim. No merits findings or monetary award were made.