ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100172/2017 Hearing at Edinburgh on May 2017 Employment Judge: M A Macleod (sitting alone) David Currie v Respondent — 2017

A merits hearing was fixed for 3 and 4 May 2017 at Edinburgh. The claimant did not appear and was not represented. The respondent attended, represented by Ms A Khan, with witnesses and documents ready to proceed.

The tribunal noted that the clerk telephoned the claimant on the morning of the hearing without reply. There was no indication on the tribunal file that the claimant did not intend to attend, and the respondent had not received any intimation from him that he was not proceeding.

Ms Khan applied for dismissal under Rule 47 of the Employment Tribunals Rules of Procedure 2013. The tribunal accepted that the claimant had given no prior indication that he did not intend to attend, that the respondent had come prepared to proceed, and that the tribunal waited until 10.15am without contact from the claimant.

In those circumstances, the judge held that it appeared the claimant no longer intended to pursue his claims and that it was not in the interests of justice to require the respondent to proceed in his absence. The judgment therefore dismisses the claimant's claims. The tribunal also noted that the claimant would be informed of his right to seek reconsideration if he could provide good reason to revoke the dismissal.