Leon Kemplay v TFAS Wealth Limited Heard: in public via CVP — 2024

The claimant, Leon Kemplay, presented claims of disability discrimination and unfair dismissal. He did not attend the preliminary hearing on 12 July 2024, did not explain his absence, and did not comply with the resulting orders requiring him to explain why he had not attended and to say whether he wished to proceed. The Tribunal recorded that he was warned that the claim could be struck out if he did not respond, but he did not reply to that warning.

At the strike-out hearing on 20 November 2024, the Tribunal was satisfied that notice had been sent to the email address provided in the claim form and used by the claimant in later correspondence. The claimant did not attend. A member of Tribunal staff called him shortly before the hearing was due to start, and he said he had not been informed of the hearing and that his partner was giving birth, then ended the call. The Tribunal proceeded in his absence under Rule 47 of the Employment Tribunals Rules of Procedure.

Employment Judge Ayre held that the claimant had shown a total lack of respect for the proceedings, had failed to comply with Tribunal orders, and had not actively pursued the claim. The entire claim was therefore struck out under Rule 37(1)(b), (c) and (d). The unfair dismissal complaint was also struck out under Rule 37(1)(a) because it had no reasonable prospect of success given that the claimant had less than two years' service with the respondent. No remedy was awarded.