Mr O Beesley v No appearance Carbon Zero Business Services Ltd — 2023

Mr O Beesley presented a claim in respect of unpaid wages on 1 August 2022. The respondent did not submit a valid response. At a preliminary hearing on 30 September 2022, the claimant was ordered to provide a detailed breakdown of the sums sought and copies of supporting evidence by 21 October 2022.

The tribunal later warned the claimant by letter dated 28 November 2022 that strike-out was being considered because of non-compliance with the order. Although the claimant subsequently emailed information about the sums sought and documentary evidence on 24 January 2023, the tribunal then fixed a hearing to consider strike-out and sent notice that a final hearing would follow if the claim was not struck out.

Neither party attended the hearing on 17 March 2023. No application for postponement was made. The clerk attempted to contact the claimant by telephone without success, and the claimant did not respond to a voicemail message left after the hearing was due to start. The tribunal said it was not clear why he did not attend.

Applying Rule 37(1)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, the tribunal struck out the claim on the basis that the claimant had failed actively to pursue it. The tribunal relied on the claimant's failure to give a reason for non-attendance or seek postponement, together with his earlier failure to comply timeously with the tribunal's order.