Mr D Parnaby v The Staffing Room: 2201515/2019
JUDGMENT
[1]The Claimant not having attended the hearing, the claim is dismissed pursuant to rule 47 of the Rules of Procedure.REASONS
[1]The Claimant did not attend the hearing. The Tribunal’s clerk telephoned him and established that he was in Scotland. By way of explanation for his absence, he stated that the Respondent had threatened him with costs.[2]Rule 47 of the Rules of Procedure gives the Tribunal a discretion as to how to proceed in these circumstances. The Tribunal may dismiss the claim, or proceed with the hearing in the Claimant’s absence. It does not have to do one or other of these: there are other possibilities, such as adjourning the hearing to another date.[3]I concluded that I should dismiss the claim. The Respondent has put forward an arguable defence and the Claimant has not attended in order to prove his case. From what he has said, it does not appear that he intends to take the claim any further or to attend on any future date. Furthermore, the amount in issue is £2,051.00 and, in the absence of any good reason for adjourning the hearing, it would be disproportionate to do so. Case Number: 2201515/2019