Mr A-S Uddin v Mr J Sidhu — 2022

The claim was listed for a hearing at Watford Employment Tribunal on 21 February 2022 before Employment Judge Quill sitting alone. The claimant did not attend and was not represented. The respondent attended in person and was ready to proceed, having supplied some documents relating to the claimant's alleged pay.

The tribunal made practicable enquiries into the claimant's absence. At 2.00pm the judge telephoned the claimant's number, but there was no answer and the call went to voicemail. A tribunal staff member also emailed the claimant to remind him that the hearing was starting. The judge adjourned until 2.20pm to allow a further opportunity to join or respond, but the claimant still did not appear and had not logged into the video lobby.

The judge noted that the email address on the ET1 matched the address used for the notice of hearing, and that the change of start time had also been notified by the same method. The respondent said he had had no contact from the claimant since the claim was submitted. The tribunal was satisfied that the claimant had been aware of the hearing since the notice was sent in November and had been reminded of the revised start time on 18 February 2022.

Applying Rule 47 on non-attendance, the tribunal dismissed the claim. It found that a postponement was not appropriate because there was no reason to think the claimant would attend a resumed hearing, and a postponement would not be fair to the respondent, who was present and ready to proceed. The judge also noted that the claimant's complaints would have required further clarification from him in any event, and that the hearing was not conducted in his absence on the merits.