Members: Foster Evans Alex MacMillan Mr Jamie Simpson v Respondent — 2019

The claimant presented claims on 3 August 2017 alleging unfair dismissal and disability discrimination. A preliminary hearing on 17 July 2018 determined that the disability discrimination complaint concerning the respondent's recommendation for dismissal on 27 July 2016 was time-barred, and the judgment refers to a separate judgment dated 16 August 2018 disposing of that aspect.

The final hearing was listed by notice sent on 18 October 2018. The claimant did not attend on 8 January 2019 and told the clerk that he had not received notice of the hearing and was unable to attend. The respondent invited dismissal under rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, and relied on emails sent to the claimant on 4 December, 11 December and 19 December 2018 referring to the hearing dates, together with an unanswered order dated 27 December 2018 seeking further information about remedy and mitigation.

The tribunal dismissed the claim under rule 47. It held that, even if the claimant had not received the formal notice of hearing, it was reasonable to expect him to have made enquiries over the following months, and the emails from the respondent's solicitor put him on notice of the hearing dates. The tribunal also noted that the claimant's response to the clerk did not say whether he could attend on the following days or whether he wanted the case postponed, and there had been no communication from him since the preliminary hearing on 17 July 2018.