Mr. Lee Mullins v London Borough of Harrow — 2024

The final hearing was listed for 7 May 2024 at Bury St Edmunds by video. Mr Mullins did not attend, despite the tribunal clerk making three attempts to contact him by phone and sending an email. The tribunal recorded that he had known of the final hearing since 26 July 2023, had ceased contact with the respondent from 11 February 2024, had not provided a witness statement, and had not responded to the respondent's written strike-out application dated 8 April 2024.

The tribunal considered whether an adjournment would be appropriate and also whether the case could proceed in the claimant's absence, but decided neither course was suitable. It dismissed the entirety of the claimant's claims under Rule 47 of the Employment Tribunal Rules. It also stated that, had dismissal under Rule 47 not been ordered, the circumstances would in any event have justified strike out under Rule 37(1)(d) because the claim had not been actively pursued, there had been inordinate and inexcusable delay, serious prejudice to the respondent, and a fair trial was not possible.