Mr O Otuonye v Hawthorne Trust Ltd: 2305649/2023 and 2306432/2023
JUDGMENT
[1]The claimant did not attend the hearing. The claimant did not provide written representations. The respondent had not had any communication from the claimant. The respondent’s application under Rule 47 to dismiss the claim due to the claimant’s non-attendance was successful. The claims which were consolidated on the 4/7/2024 are therefore dismissed. ___________Approved by[3]The claimant’s application dated 26/8/2025 for reconsideration of the judgment sent to the parties on 17/4/2025 is refused.REASONS
There is no reasonable prospect of the original decision being varied or revoked. The claimant presented two claims on the 10/10/2023 and 22/11/2023. The claims were consolidated on the 4/7/2024. The notice of the preliminary hearing it appears was sent on the 17/3/2023 and a blank case management agenda was sent to the parties. The hearing went ahead on the 17/3/2025 and the judgment was sent to the parties on the 17/4/2025. The accompanying letter gave information about dates to apply for a reconsideration and the time limit to appeal. The claimant emailed the Tribunal on the 24/5/2025 regarding an ‘appeal’. He did not comply with Rule 90. He rectified this on the 27/5/2025. The claimant made an out of time application for a reconsideration on the 26/8/2025, further to his appeal being stayed ‘to give opportunity to the [claimant] to submit to the Employment Tribunal (and copy to the Employment Appeal Tribunal) an application for reconsideration albeit out of time’. In the claimant’s email of the 24/5/2025 (the first contact from the claimant since his claim was presented) he said that he had been ill and that he did not notice the notification in his email. There was no explanation for the delay in the claimant contacting the Tribunal. In the claimant’s email of the 26/8/2025 he refers to being indisposed and to various conditions. There was no medical evidence provided. There was no explanation for the delay between the claimant receiving the Tribunal’s judgment and him contacting the Tribunal. In the absence of any medical evidence and notwithstanding the delay, the claimant has not provided sufficient reason for his failure to attend the hearing and as such, the decision made under R47 stands. Date: 10 September 2025 Approved by