Mr M Chambaa v Respondent — 2022

The final hearing was listed for 11 to 13 April 2022 by CVP. The claimant did not attend or appear to be represented. The tribunal recorded that notice of hearing had been sent to his former representative, Ms Bain, and that the tribunal clerk also emailed the claimant on 30 March, 4 April and 7 April 2022, sent joining instructions, and later posted a letter to his home address. The claimant did not make contact. The tribunal also noted that Ms Bain had previously indicated the claimant was believed to be overseas after a family bereavement, but that she had understood he was due to return to Glasgow in March 2022.

The tribunal further noted that the claimant had not complied with two case management orders requiring information relevant to remedy and, in one instance, further particulars of matters raised in the ET1. The respondent applied for dismissal under Rule 47 of the Employment Tribunal Rules 2013. Having considered the hearing notice, the absence of any communication about non-attendance, and the failure to comply with the orders, the tribunal dismissed the claim. It stated that the only inference reasonably open on the information available was that the claimant did not wish to continue pursuing the claim. The judgment also noted the claimant's right to apply for reconsideration under Rule 71 within 14 days.