Mr K Clark v Respondent — 2021

The tribunal listed the case for a final hearing on 16 April 2021 by Cloud Video Platform. The respondent attended, but the claimant did not. The tribunal recorded that the claimant had been told about the hearing date and format on several occasions, that he had been invited to raise any objection to a CVP hearing, and that attempts were made to contact him by email and mobile phone, including voicemail messages, without any response.

The tribunal considered Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which allows the tribunal to dismiss a claim or proceed in a party's absence after considering available information about the absence. Having done so, the tribunal found there was no information explaining why the claimant was absent and concluded that he did not insist upon his claim.

The reasons section states that the hearing had been fixed to determine the claimant's claim for arrears of pay and his assertion that no written statement of terms and conditions had been provided. The tribunal made no findings on the merits of either issue. Instead, it dismissed the claims because the claimant failed to attend and the tribunal considered dismissal fair and just in all the circumstances, taking account of the overriding objective.