Mr B Atagun v Barry Nunn — 2023

The matter came before Employment Judge Quill sitting alone at Watford on 19 April 2023. The claimant did not attend, and there was no appearance or representation for either side. The judgment records that the tribunal made practicable enquiries about the claimant's absence, including attempted telephone contact and staff checks earlier in the week, but received no specific confirmation that he would attend and no explanation for non-attendance.

The tribunal noted that the hearing had previously been listed for January and postponed at the respondent's request, and that there had been no contact from the claimant in response to that application. The judge also recorded that there was no record of the claimant having contacted the tribunal since presenting the claim.

Applying Rule 47 on non-attendance, the judge decided that a postponement was not appropriate because there was no reason to think the claimant would attend a resumed hearing. The judge further concluded that a fair decision on the merits could not be made in the claimant's absence, and that the claim should be dismissed without further attempts to progress litigation which the claimant appeared to have abandoned. No merits findings or remedy were recorded.