E Kyeremateng v At Medics/Primary Care: 2302955/2020

EMPLOYMENT TRIBUNALS
Case No 2302955/2020
E KyerematengClaimantAt Medics/Primary CareRespondent
Employment Judge L BurgeNot represented for claimantN Ling (instructed by Counsel) for respondentDate 6 September 2022

JUDGMENT

The claim is dismissed under Schedule 1, Rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 for non-attendance at the hearing.

REASONS

[1]Today was supposed to be the first day of a three day final hearing but instead had been converted to a two hour Preliminary Hearing because the case was not ready to be heard. The Claimant had not complied with the Case Management Orders of EJ Ferguson that were made at a hearing that she attended on 8 April 2022. The Claimant had failed to:1.1 supply her schedule of Loss which was required by 13 May 2022,1.2 provide disclosure by 10 June 2022,1.3 engage in the preparation of the hearing bundle, and1.4 provide her witness statement(s) by 5 August 2022.[2]The Claimant did not attend the hearing today despite the fact she knew that today was supposed to be the first day of the final hearing. She had also been notified that the hearing had been converted to a Preliminary Hearing. The Claimant had not corresponded with the Respondent’s current solicitors since they were instructed on 23 July 2022. The Claimant had not contacted the Tribunal to say 1 of 2 Case Number: 2302955/2020 that she would not be attending and did not answer the telephone or respond to the email when the Tribunal tried to contact her today.[3]In short, the Claimant has not complied with Case Management Orders and is not actively pursuing her claims.[4]It is in accordance with the overriding objective in dealing with the case fairly and justly that the claim is therefore dismissed pursuant to Rule 47 for her nonattendance.