Mr D Bennett v Bidvest Noonan (UK) Ltd: 3200942/2023
JUDGMENT
[1]The claim is dismissed due to non-attendance of the Claimant under Rule 47 of the Employment Tribunals Rules of Procedure 2013 (as amended).REASONS
[1]The Claimant did not attend the final hearing listed for 5 October 2023.[2]The Tribunal staff made the following attempts to contact the claimant about his non-attendance. Two phone calls were made and an email was also sent directing him to join the hearing.[3]The hearing was delayed by 15 minutes to allow the claimant to join the hearing at which point he made contact with Tribunal staff. He advised that he had overlooked the hearing date and was unable to join the hearing.[4]I am satisfied that the claimant was aware of the hearing; he was sent correspondence on 26 June 2023 containing details of the hearing and instructions on how to join. Further, the claimant also provided a copy of his witness statement to the Respondent’s representative just a week earlier on 28 Case Number: 3200942/2023 September 2023 and he was consequently provided with a Hearing bundle on the same day confirming the date of Hearing.[5]Taking into account that it is for the claimant to establish his claim, and bearing in mind the overriding objective, I exercised the power in rule 47 to dismiss the claim.