Mr William Mair v Respondent — 2020

The tribunal held a preliminary hearing on 17 February 2020 after earlier case management correspondence and an earlier preliminary hearing on 31 October 2019. The claimant and his representative did not attend either hearing. The tribunal recorded that the claimant's representative had been notified repeatedly of the February hearing and that voicemail messages were left on the numbers held by the tribunal office, but no response was received before the hearing.

The respondent applied for strike out under Rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013 on the basis that the claim had not been actively pursued. The tribunal accepted that position and struck out the claim, referring in particular to the non-appearance at the hearings on 31 October 2019 and 17 February 2020 and the late postponement request made in relation to the hearing fixed for 11 July 2019.

The judgment also noted the respondent's argument that the case was out of time. It set out the statutory limitation provisions for unfair dismissal under section 111 of the Employment Rights Act 1996 and for age discrimination under section 123 of the Equality Act 2010, and recorded the respondent's case that the effective date of termination was 21 September 2018. However, because there was no attendance by or on behalf of the claimant, the tribunal did not determine the time-bar issue and instead disposed of the case by strike out.

The tribunal also indicated that the respondent sought an award of expenses, and that the issue would be dealt with by written submissions. That was separate from the strike-out decision and no monetary award to the claimant was made.