(sitting alone)5 Andrew McCloy v No appearance East Renfrewshire Council — 2019

Andrew McCloy presented a complaint of unfair dismissal. A final hearing was listed for 25, 26, 29 and 30 April 2019, but the claimant did not attend and did not seek a postponement. His representative had not had any contact or instructions from him since 19 April despite repeated attempts to reach him by email and telephone, and therefore withdrew from acting. The tribunal clerk also made unsuccessful attempts on the morning of the hearing to contact the claimant about his intentions.

In those circumstances, the respondent applied for dismissal under Rule 37 or Rule 47 of the Employment Tribunals Rules of Procedure 2013. Having considered the information available and the enquiries made about the claimant's absence, the tribunal concluded that the claimant was no longer pursuing the claim and that it should be dismissed under Rule 47 for failure to attend.

The judgment records no substantive findings on the unfair dismissal complaint itself and no monetary award. It also notes that if the claimant had good cause for failing to attend or for failing to seek a postponement, he could apply for reconsideration under Rule 70 within 14 days of the judgment being sent to the parties.