Mr Daniel Nixon v CAE Parc Aviation Limited — 2025

Mr Daniel Nixon was employed by CAE Parc Aviation Limited as cabin crew from 29 May 2023 until 22 May 2024. The claim form presented on 21 August 2024 advanced unfair dismissal, age discrimination, race discrimination and whistleblowing allegations. The hearing on 25 February 2025 was listed to consider the respondent's strike out application, following an earlier case management hearing on 5 February 2025 that the claimant also did not attend.

Employment Judge Hutchings recorded that the claimant did not attend either hearing and did not provide the explanation or supporting evidence ordered after the 5 February hearing. The tribunal clerk telephoned the claimant twice on 25 February 2025; the claimant then emailed saying he could not attend because of an emergency and that he had not received formal documentation. The judge found that assertion not feasible because the case management order and other correspondence had been sent to the same email address used by the claimant, and found that he had received the correspondence but had not engaged with it.

The tribunal decided to proceed in the claimant's absence and struck out the claim under Rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it had not been actively pursued. The reasons identified the claimant's failure to engage with correspondence, his failure to attend the 5 February and 25 February hearings, and his failure to give any supported explanation for those absences. The judge also noted that reasonable opportunity to make representations had been given and that a further adjournment would be inconsistent with the overriding objective, including avoiding delay and saving expense. No merits findings and no monetary award were made.