Mr M Coia v Not present Portsonachan Wilderness Lodges Limited — 2024

A preliminary hearing to consider the identity of the claimant’s employer was listed for 8 January 2025 by CVP before Employment Judge E Mannion. A notice of hearing had been sent on 18 October 2024. The claimant had engaged with the tribunal beforehand, including undertaking a connection test on 7 January 2025 and replying to the clerk at 12.49am on 8 January 2025 that he would attend.

At 10.00am on 8 January 2025 neither party was initially present. The clerk sent reminder emails and made two telephone calls to the claimant, which failed. The respondent arrived at about 10.15am and the hearing resumed at 10.23am, but the claimant remained absent without explanation.

In the claimant’s absence, the tribunal dismissed the claim under Rule 47. The judge recorded that the claimant had a responsibility to attend and present his case, that the hearing had already been delayed while enquiries were made, and that the hearing could not properly proceed because there was a dispute on the facts requiring evidence from both the claimant and the respondent. The judgment also noted that a party whose claim is dismissed in these circumstances may apply for reconsideration if it is in the interests of justice to do so.