Mr D Gomes v Bernard Matthew Foods Limited — 2024

The tribunal dealt with this case after the claimant failed to attend the hearing on 13 June 2024. His daughter attended to confirm his non-attendance, extra time was allowed for the claimant to join, and the matter was adjourned to 3 July 2024 with a warning that a second failure to attend without good reason could lead to strike-out. The judgment records that the claimant had also failed to comply with tribunal orders and that the list of issues had not yet been finalised.

On 3 July 2024 the claimant and his daughter had not attended by 10.10am, despite advance notice of the listing and the CVP link. The tribunal kept an interpreter in attendance at public expense until it had considered the respondent's applications. Judge King found the non-attendance unreasonable, concluded that the claimant was not actively pursuing the claims, and struck them out. The final hearing was vacated.

The respondent applied for costs under Rule 76(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The tribunal found that the claimant had acted unreasonably in failing to comply with tribunal orders and in failing to attend the hearing without good cause. It considered proportionality, the claimant's means, and the fact that the respondent's application was limited to the brief fee for the wasted hearing.

The tribunal awarded the respondent £650, described as the brief fee for the wasted hearing, with no VAT because the respondent was VAT registered. In reaching that figure, the tribunal noted that the claimant had not provided medical evidence or contacted the tribunal or respondent before failing to appear, and it also noted that he had secured alternative employment on the basis of the claim form he had submitted.