Did not attend For the v Ms M Shell. Representative — 2022

The tribunal listed the matter for a full merits hearing on 13 October 2021, but the claimant did not attend. The respondent attended but said it had received late notification of the hearing and could not deal with the case effectively. By email dated 5 November 2021, the tribunal asked the claimant to confirm whether the claim was being actively pursued, but no response was received.

When the case was relisted for 4 July 2022, neither party had been in contact with the tribunal. The claimant again did not attend, while the respondent attended through its representative and UK operations manager. The tribunal noted that the case management directions sent after 13 October 2021 had not been complied with, and that the claimant had also failed to provide further and better particulars of claim requested by email on 1 February 2020.

The tribunal considered strike out under rule 37 of the Employment Tribunals Rules of Procedure 2013. It found, on the balance of probabilities, that the claimant had acted unreasonably by failing to comply with the tribunal's directions and that he did not appear to be actively pursuing the claim. The tribunal also concluded that a fair hearing was no longer possible because the claimant had not set out the facts and reasons for alleging unfair dismissal, had not complied with the case management orders, and had not attended the hearings.

The claimant did not make written representations, or any sufficient representations, explaining why strike out should not be ordered. The tribunal decided that an adjournment would not be in the interests of justice and ordered that the claim be struck out. No merits findings or monetary award were made.