Mr G Harkness v Not present Augean Limited — 2024

Mr G Harkness brought a claim of unfair dismissal against Augean Limited. The respondent said the claim was time barred by about two weeks. The tribunal noted that the claimant had been dismissed on 10 July 2023, had started early conciliation on 14 September 2023, and received an early conciliation certificate on 23 October 2023.

The hearing on 1 March 2024 in Glasgow was listed to determine the time-bar issue, as it appeared from the papers that the claim may have been lodged late. The respondent attended through its HR director and had prepared a bundle. The tribunal recorded that it had written to the claimant on 13 February 2024 and again on 26 February 2024 asking him to confirm whether he had documents to add and whether he intended to proceed and attend, but he did not reply.

When the case was called, the claimant did not attend and had not called to explain his absence. The tribunal made further calls but received no reply. Referring to rule 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the tribunal noted that it could dismiss the claim or proceed in the claimant's absence after considering any available information about the reason for absence.

The tribunal concluded that sufficient enquiries had been made, that the claimant had not engaged with the process, and that it appeared the claim was time barred. It therefore dismissed the claim. No remedy was awarded.