Mr A Ibrahim v The Agile Rabbit Ltd: 2304692/2021
JUDGMENT
The Claimant’s claims are dismissed under Rule 47 for failure to attend or be represented at the Preliminary Hearing.REASONS
[1]At a Preliminary Hearing before EJ L Clarke on 20 December 2022, a further Preliminary Hearing was listed to take place in person on 17 February 2023. It is notable that the Claimant had failed to attend by CVP on 20 December 2022. There appears to be no issue with the address the case management summary listing today’s hearing was sent to, which is the email address provided by the Claimant in his claim form. I had no witness statement for the Claimant, even though one had been ordered by EJ L Clarke.[2]The Claimant has not attended today’s hearing. The Tribunal clerk attempted to call the Claimant several times and reached him. However, when she identified herself as calling from the Employment Tribunal the Claimant disconnected the call.[3]Enquiries were made by the clerk with the Respondent as to whether they had any knowledge of the Claimant’s failure to attend. They did not.[4]Having considered rule 47 and made all practicable enquiries as to the Claimant’s reason for non-attendance, it was in the interests of justice to dismiss the Claimant’s claims. In any event, continuing with the hearing in the Claimant’s absence would have led to the same result given he could not discharge the burden on him in seeking extensions of time to bring his claims. 10.7 Judgment with reasons – rule 62 March 2017 Case No: 2304692/2021