Mr J Kennedy v Respondent — 2019

The case called in Glasgow on 5 June 2019 before Employment Judge Robert Gall. The claimant did not attend and was not represented. The respondents said they had contacted him the previous day about documents and again on the morning of the hearing, and that he had said his case had been withdrawn. They also said his daughter had emailed the Tribunal during the previous week, but no withdrawal email was found on the Tribunal email system.

Before the hearing the Clerk telephoned the number on the claim form and spoke to someone who said the claim had been settled through ACAS, although it was unclear whether that person was the claimant. When the Judge convened the hearing at 2:15 pm, the claimant still had not appeared or contacted the Tribunal. The Judge took account of the contact information, the Tribunal's attempted enquiries, and the respondents' account of their communications with the claimant.

The Judge concluded that practicable enquiries had been made into the claimant's absence and that the information available supported the view that the claim had been withdrawn. The Judge said that, even if that were not so, the circumstances made it appropriate to dismiss the claim under Rule 47. The judgment therefore confirms dismissal and does not determine the underlying claim on its merits.