Mr A Mullins v Auto-Sleepers Group Limited — 2024

The hearing took place on 29 July 2024 at Watford by video before Employment Judge Russell. The claimant did not attend or send a representative. The tribunal noted that a notice of hearing had been sent to the address on the claim form on 15 February 2024, that the claimant had indicated he could participate in a video hearing, and that the parties were told the hearing might be transferred at short notice. On 26 July 2024 the hearing was converted to a video hearing and a link was sent to the email address given by the claimant on the claim form.

At 6.03am on 29 July 2024 the claimant emailed saying he was assuming the hearing was not going ahead because he had not heard anything and because he believed the respondent was unable to attend. The tribunal recorded that it was not clear on what basis he had reached that view, and the respondent replied at 9.52am to say the hearing would proceed. Tribunal staff made further telephone and email enquiries of the claimant, and the start time was delayed first to 11am and then to 2pm to allow further contact attempts. The tribunal also noted that although there had been delay in the claimant providing his witness statement, it could not be satisfied that this was a case where he had taken no steps to pursue his claim.

By 2pm no explanation for the claimant's absence had been received. The judge held that it was not possible to determine the issues in the claimant's absence, that all reasonable attempts had been made to contact him, and that he had been aware of the hearing and sent the relevant link. In all the circumstances, and in line with the overriding objective, the tribunal dismissed the claim under Rule 47 of the Employment Tribunal Rules of Procedure because the claimant failed to attend or be represented at the hearing.