Mr J Savage v Not present Akela Construction Limited — 2025

At a preliminary hearing in Glasgow on 25 February 2025, Employment Judge E Mannion considered a time-bar issue in Mr J Savage's case against Akela Construction Limited. The claimant had emailed the tribunal on 24 February 2025 saying he could not attend because of poor mental health and was not fit enough to attend, but he did not provide medical evidence. The claimant was unrepresented, and the respondent was represented by a solicitor.

At the outset of the hearing, the respondent applied for the claim to be dismissed under Rule 47 of the Employment Tribunal Procedure Rules 2024 because the claimant was absent. The tribunal accepted that the reason given for non-attendance was health-related, but held that the hearing could not proceed without the claimant because the purpose of the hearing was to decide whether it was reasonably practicable to present the claim within the three-month time limit and, if not, whether it was presented within a further reasonable period.

Taking account of the overriding objective and Rule 47, the judge dismissed the claim. The judgment records that the claimant could seek reconsideration within 14 days if he considered that to be necessary in the interests of justice.