EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101680/2022 Held in Glasgow on and September 2022 Employment Judge W A Meiklejohn Mrs Helen McKenna v No appearance and No representation Drivercheck Ltd — 2022

The case was listed for a final hearing on 14 to 20 September 2022 on the claimant's allegation of constructive unfair dismissal. The claimant did not attend on 14 September or 15 September 2022. The tribunal noted that the claimant's ET1 had said she was unfairly dismissed, and her resignation letter referred to an irretrievable breakdown of trust/victimisation and to a threat, but the judgment was ultimately concerned with her failure to attend rather than the underlying resignation complaint.

The tribunal recorded that hearing dates and other documents had been sent to the claimant by email at the address given in the claim form. It also recorded the claimant's conflicting explanations about her availability: on 16 June 2022 she said she was free whenever, on 13 September 2022 she said she was unavailable because she was on holiday, and on 14 September 2022 she told the tribunal clerk she was at work and would not attend on 15 or 16 September. The tribunal had already refused a late postponement application and directed the claimant to attend in person on 15 September 2022.

On 15 September 2022 the tribunal considered Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the overriding objective, and the information obtained by the clerks about the claimant's absence. It concluded that it would not be appropriate to proceed in the claimant's absence because the claim could not succeed without her evidence, and that a further adjournment would cause delay and expense. The tribunal therefore dismissed the claim under Rule 47. It also noted that emails sent to the claimant at the address in the claim form were taken to have been received under Rule 90 unless the contrary was proved.