Mr Philip Hayter v Respondent — 2020

The final hearing was held by CVP on 5 October 2020 before Employment Judge R King. The respondent attended with its witnesses and was ready to proceed, but Mr Philip Hayter did not attend and was not represented. The tribunal recorded that his former representatives had withdrawn on 25 September 2020 and that, after that date, he had not contacted the tribunal or the respondent.

The tribunal noted that joining details for the CVP test on 2 October 2020 and for the final hearing had been emailed to the claimant, and that the tribunal clerk had tried unsuccessfully to contact him by telephone on 2 October 2020 and on the morning of the hearing. Mr Hayter had not explained his absence. Miss Badham applied for the claim to be dismissed for non-attendance. Applying Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, and having made all practicable enquiries into the reason for absence, the tribunal concluded that it was in the interests of justice and consistent with the overriding objective to dismiss the claim. No costs application was made.