(sitting alone) Mr D McMahon v Respondent — 2023

The claimant presented a claim of unfair dismissal on 20 July 2023. A two-day final hearing was fixed to begin on 3 October 2023 in Glasgow before Employment Judge M Kearns sitting alone. The respondent opposed the claim and attended the hearing represented by a solicitor and with a witness present.

On 2 October 2023 the claimant emailed seeking a postponement, saying that his union’s legal team were still reviewing the case. The tribunal noted that the application had not been copied to the respondent and, in any event, refused postponement because the claim had been pending for several months, there had been no adequate explanation for the late application, and delay would prejudice the respondent by leaving the litigation unresolved and risking fading witness recollection.

On the hearing day the claimant attended the tribunal building with a CWU official, but both left before the hearing started. The tribunal clerk telephoned the claimant, who said his union had let him down and could not represent him. He did not say that he would return or continue with the case.

The respondent asked for the claim to be struck out for not being actively pursued under rule 37(1)(d). The tribunal instead treated the application as a request to dismiss under rule 47 for failure to attend or be represented. Having considered the parties' positions and the clerk's inquiry, the judge concluded that dismissal was in line with the overriding objective. The claim was dismissed, and the judgment notes that the claimant could apply for reconsideration within 14 days if appropriate.