Mr Alexander O’Hara v Respondent — 2018

The claimant presented an unfair dismissal claim on 27 July 2017. A final hearing had been fixed for September 2018, but on 5 September 2018 he emailed the tribunal withdrawing the claim while also seeking to reserve the right to bring a further claim. Because his intention was unclear, the assigned final hearing was converted into a case management preliminary hearing. On 6 September 2018 the claimant did not attend and was not represented; the respondents were represented by a solicitor who appeared and made submissions.

The tribunal noted that the claimant had not asked for a postponement on medical grounds or because he had not secured alternative representation, and he did not attend to explain why a Rule 52 dismissal should not be granted. It accepted the respondents' submission that dismissal was appropriate in the circumstances, and orally granted the respondents' application. The written judgment records dismissal both under Rule 52 following withdrawal and under Rule 47 in light of the claimant's non-attendance.

The order records that the effect of the Rule 52 dismissal is that the claimant may not commence a further claim against the respondents raising the same, or substantially the same, complaint of unfair dismissal. The tribunal also set out directions dealing with any future application for expenses, including written intimation of the application, provision of authorities, a reply from the claimant, and a statement of means and assets, with a provisional view that any opposed expenses application could be determined by the Employment Judge alone on the papers.