Ms A Hill v Respondent — 2021

Ms A Hill’s case was listed for hearing on 10 August 2021 before Employment Judge Ronald Mackay. The claimant did not attend and was not represented. The respondent South Ayrshire Council was represented by a solicitor and had two employees in attendance. The tribunal clerk attempted to contact the claimant before the hearing and again after an adjournment, but there was no response.

On behalf of the respondent, Ms McMenamin said that settlement had been agreed in principle, but the COT3 had not been finalised through ACAS. The respondent’s position was that the hearing still had to proceed unless and until the settlement terms were confirmed. The tribunal also recorded that the claimant had said in a conversation with the clerk that she did not think the hearing needed to proceed because the case had been settled.

After considering the failure to attend, the background to the matter, and the attempts made to contact the claimant, the tribunal concluded that it was appropriate to dismiss the claim under Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2003. The tribunal noted the respondent’s undertaking that it remained willing to abide by the settlement agreed in principle, but stated that it had no power to compel the respondent to do so.