No attendance For the v Respondent — 2022

Mr K Hargeaves presented claims of constructive unfair dismissal, age discrimination and unpaid wages/bonus/holiday pay on 24 August 2022. The respondent lodged a response, but there had been no contact from the claimant since the claim was presented. The preliminary hearing took place by telephone on 28 November 2022 before Employment Judge JM Wade. Mr T Wood, counsel, appeared for the respondent. The claimant did not attend and had not applied for a postponement.

Having read the claim and response, the tribunal recorded that there were significant difficulties with the particulars of the claim. The judge said that, without further particulars, the allegations appeared to have little reasonable prospect of success, although with proper particulars some matters might have become reasonably arguable and suitable for a final hearing. The clerk tried to contact the claimant on the day of the hearing, but the call went to voicemail.

In light of the claimant's non-attendance, the absence of representation, and the need to manage tribunal resources and the parties' time and costs, the tribunal dismissed the claims pursuant to Rule 47. The judge noted that the claimant may have experienced something untoward, but considered it more likely that he had abandoned the claim, particularly as the file suggested he had resigned with notice and immediately started a new job. The judgment states that a reconsideration application could be made if evidence and reasons for the non-attendance were provided.