Did not attend For the v Respondent — 2021

The case was listed for a three-day full merits hearing, but the claimant did not attend when the hearing began on 9 November 2021. The tribunal adjourned briefly so the clerk could telephone him. The claimant said he was "out and about", referred to a difficult year, and mentioned attending the Old Bailey, family bereavements, and childcare commitments. He said he would try to join on his mobile phone, but he did not do so and did not email any representations.

The tribunal found there was no valid reason for the absence and no basis on which an adjournment would be required in the interests of justice. It also recorded that the claimant had not complied with the order to exchange and serve a witness statement. After the claimant's representative had come off record in June 2021, the respondent's solicitors repeatedly sought a response and asked whether he intended to proceed, but he did not engage with those requests in time.

On that basis, Employment Judge Alliott struck out the whole claim under Rule 37(1)(b) because the claimant's conduct in failing to attend and failing to explain his absence was unreasonable, and under Rule 37(1)(c) because he had failed to comply with an important tribunal order. The judgment also states that the claim was dismissed under Rule 47 for failure to attend. No merits findings or monetary award were made. The claimant was told he could apply for reconsideration under Rule 71 within 14 days of the judgment being sent.