J Roach v Angelos KBB: 2301576/2024 and 2307986/2023
JUDGMENT
Upon the claimant failing to attend the preliminary hearing for case management, her claims are dismissed.REASONS
[1]The claimant did not log on to the hearing today at the scheduled time of 10.00am.[2]Under the instruction of the judge, the tribunal clerk telephoned her and spoke with her. He tried to convince her to join.[3]The claimant told him that she thought the hearing had been postponed. She had received an email from the tribunal on Friday 28 February 2025, which was headed “possible postponement of your hearing via CVP, informing her of a possible postponement.[4]However, the email also said the Customer Service Officer would contact her again on Monday up until midday. It informed her that a CVP link would not be sent to her unless/until a judge was allocated to the case. As it happened, a judge was allocated to the case that Friday and the tribunal sent the claimant the log in details at 5.02pm on the Friday afternoon. She Case Nos: 2301576/2024; 2307986/2023 told the clerk that she did not receive this email, despite it being sent to the same email address as the earlier email, which she did receive.[5]The claimant told the clerk she had health issues and was under a lot of stress. She was tearful. She said she could not join without someone sitting physically with her and there was no-one available.[6]She did not send the tribunal any evidence of health issues which would prevent her from participating today. The clerk warned her of the potential consequences of not joining the hearing. She said she understood.[7]The claimant did not apply for a postponement. The respondent was not agreeable to a postponement.[8]I considered whether there were exceptional circumstances in which to grant a postponement. However, on the evidence before me, I concluded that there were no exceptional circumstances. Consequently, the claims are dismissed