Non Attendance. For the v Mr J Keeble, Solicitor. — 2021

The claimant, Mrs L Kocovska, brought claims described in the reasons as unlawful maternity discrimination, failure to pay notice pay, and failure by the respondent to make other payments. The hearing took place by phone on 7 June 2021 before Employment Judge Cassel, with Mr J Keeble, solicitor, appearing for the respondent and the claimant absent.

The tribunal recorded that a notice of hearing for a case management, closed preliminary hearing had been sent to the claimant at the address on her claim form and was not returned undelivered. The parties were also told that the hearing time had changed from 10.00am to 2.00pm, and a message was left on the claimant's answerphone. The tribunal telephoned the claimant and respondent at 2.00pm, 2.10pm and 2.20pm, and also checked with the tribunal office for any message from the claimant explaining her absence.

Mr Keeble told the tribunal that recent correspondence, including an agenda and draft list of issues, had been sent to the claimant without response and that there had been no previous contact after the response form was filed. Applying rule 47 of the Employment Tribunal Rules of Procedure, the judge was satisfied that appropriate enquiries had been made about the claimant's non-attendance. In the absence of any explanation, the claimant's claims of unlawful discrimination and non-payment of pay were dismissed. The judgment also notes that the claimant could apply for reconsideration under rule 70 within 14 days.