Mr McCabe Jones v JD Sports Fashion plc: 1601745/2020
JUDGMENT
The claim is dismissedREASONS
[1]The claimant failed to attend the preliminary hearing on Wednesday 30 June 2021.[2]Upon enquiries that were made at the commencement of the hearing, the claimants email of 28 June was considered explaining that their absence was due to being unable to take time off work.[3]In circumstances where the claim has been presented out of time with the onus on the claimant to prove why the claim was not presented on 27 May 2020, the hearing could not proceed in the absence of the claimant.[4]The notice of hearing had been sent to the parties well in advance of today’s hearing on 7 January 2021, the claimant was ordered to provide a witness statement 7 days before the hearing, (in a letter from the Tribunal dated 6 November), and has not done so, in the circumstances although mindful that it can be difficult to obtain leave from work it is still fair and just to dismiss this claim. Case Number: 1601745/2020[1]Upon enquiries made at today’s hearing the Claimant advised that he had been called into work and could not attend. I decided to proceed in his absence and consider the application for reconsideration. I relied on his application dated 14 July 2021 (no witnesses statement had been provided) and heard submissions from the Respondents representative.[2]The reasons for seeking a reconsideration relate to proceeding in his absence on Wednesday 30 June 2021 and his awareness of that hearing date.[3]The claim was dismissed at a hearing on 30 June following non attendance of the Claimant under Rule 47 Employment Tribunals Rules of Procedure 2013. Case Number: 1601745/2020[4]The Claimant contacted the Tribunal, aware of the hearing following a discussion with the Respondent's representative, on 28 June 2021. He advised that he couldn’t attend due to an audit. The hearing was to consider his application to extend time and therefore could not proceed in his absence. A dismissal of the claim was therefore appropriate.[5]Correspondence with the Claimant has been via email, the same address has been used throughout the claim and was used today to contact him.[6]Notification of the 30 June Hearing was sent to that email address on 7 January 2021 and the hearing today sent on 28 April 2022.[7]There was no evidence before the Tribunal that the Claimant was not aware of the hearing dates. Although there is great sympathy in working full time and seeking leave to attend a Tribunal Hearing, prior notice was given in sufficient time to organise the time off.[8]It is therefore not in the interests of justice to revoke the judgement.