Member EJ Hossack Tribunal Member P Fallow Mr G Vasile v Not present or represented Springfield Properties plc — 2023

The claimant brought claims of unfair dismissal and race discrimination. The case had previously heard evidence from the claimant and one witness in June 2023, then resumed on 27 November 2023 for evidence from the respondent's witnesses. Before the resumed hearing, the claimant's former representative told the tribunal that he had had minimal to no contact with the claimant since June and had been told the claimant was in Romania.

When the hearing began there was no appearance by the claimant. His former representative attended and said he did not know where the claimant was, understood he was probably in Romania and would not be returning to Scotland, and confirmed that he was withdrawing from acting. The respondent applied for the claim to be dismissed under Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1.

The tribunal accepted the withdrawal of the claimant's representative and considered that dismissal was the appropriate course. It recorded that the claimant clearly knew about the hearing but had decided not to attend or provide his solicitor with proper instructions. The unanimous judgment was that the claim was dismissed.

The respondent indicated that it wished to apply for expenses. The tribunal allowed 14 days for a written expenses application, to be intimated to the claimant at his last known address and any address in Romania held by the respondent, with any response then to be considered in chambers. No award was made in the judgment.