Mr. C Fogg v Frames Opticians Limited — 2024

The tribunal struck out Mr C Fogg's claim against Frames Opticians Limited. It first noted that the claimant had not attended a preliminary hearing on 14 November 2023 despite more than two months' notice, had not explained his absence, had not complied with orders made by Employment Judge Broughton to provide further information about the claim, and had not communicated with the respondent so the preliminary hearing could be prepared for.

In response to the tribunal's letter, the claimant said he had asked for more time and that the notice of hearing had been insufficient to allow him to obtain time off. The tribunal found that explanation unsatisfactory. It recorded that he had not asked the tribunal for more time, only the respondent's representative, that he had had over two months' notice, that this would have been enough time to book time off work, and that he had not applied to postpone the hearing if he could not attend.

The tribunal also relied on the claimant's failure to comply with Employment Judge Broughton's orders and his failure to communicate with the respondent. It concluded that the claim had not been actively pursued and, in any event, that the matter could not properly proceed because the claimant had instructed the tribunal to remove his details from the system and had made threats of reports of harassment, meaning a fair hearing would not be possible. The result was that the claim was struck out on 12 June 2024. No substantive liability findings or monetary remedy were made.