Mr R McIntyre v Respondent — 2019

Mr R McIntyre brought claims for unfair dismissal, redundancy payment and holiday pay. The respondent did not lodge a response. Both parties were notified by letter dated 12 February 2019 that a final hearing would take place on 19 March 2019 in Glasgow, but when the case called neither party appeared or was represented.

The Employment Judge directed the clerk to telephone the parties. The claimant said he had not realised the hearing was that day, and the respondent said it had not received the letter. The tribunal referred to Rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, which allows dismissal where a party fails to attend after reasonably practicable enquiries have been made, and to Rule 2, requiring cases to be dealt with justly while avoiding delay and saving expense.

Because the notice of hearing had been issued and expense had been incurred, the tribunal decided it was in the interests of justice to dismiss the claims. The judgment states that the claim was dismissed, and the claimant was told he could seek reconsideration under Rule 70 if he considered it in the interests of justice to do so. No remedy was awarded.