No attendance For the v R and J Lubbock Builders — 2024

This matter was listed for a two-day full merits hearing on 8 August 2024 at Bury St Edmunds, but neither party attended. The claimant told the tribunal administration that he had not known about the hearing until he received the email about the late change of venue from Norwich to Bury St Edmunds, and asked for a postponement. The tribunal noted that the notice of hearing and case management orders had been sent on 14 May 2024 to the same email address that the claimant used when contacting the tribunal the previous day, and it did not accept his account in the absence of further evidence.

The tribunal also recorded that the respondent had previously been represented by the Kroner Group, who emailed on 25 July 2024 saying they were no longer instructed and did not provide a new contact address. The tribunal administration later obtained an email address for the respondent and sent the venue-change notification there, but the respondent did not attend. Applying Rule 37 of the Employment Tribunal Rules of Procedure 2013, the judge found that the claimant had not actively pursued the claim and struck out the claim(s), adding that the claimant could apply for reconsideration if he produced further evidence that he had not known about the hearing.