Mr S Betty v Alliance Automotive UK LV Ltd: 3303030/2024
JUDGMENT
[1]The claim is dismissed for failure to comply with the unless order dated 21st of February 2025.REASONS
[2]The claimant was employed by the respondent, as a parts advisor, from 19th of October 2022 until 20th of November 2023. Early conciliation started on 18th of January 2024 and ended on 29th of February 2024. The claim form was presented on 13th of March 2024.[3]A preliminary hearing was scheduled for the 21st of February 2025, which the claimant failed to attend. Employment Judge Moore, relisted that hearing to the 25th of July 2025 (today’s hearing), and issued an unless order.[4]The terms of the unless order are set out below: “Unless within 21 days of this Order being sent to the Claimant he informs the Tribunal that he is intending to pursue his claim and explains why he did not attend the Preliminary Hearing on 21 February 2025, 1 of 3 the claim will stand dismissed without further order.”[5]He was given until the 27th March 2025 to comply with the order, but he has not done so. It then appears that the proceedings have continued to this hearing, without any further action on behalf of the Tribunal.[6]I arrived in the hearing at 10am and the claimant was not on the link. Attempts to telephone him went straight to voicemail. I therefore proceeded with the hearing in his absence and had a brief discussion with Ms Noble, who confirmed that she had been unable to get any response from the claimant and that she had not received any correspondence in compliance with the unless order.The law
[7]Rule 39 of the Employment Tribunal Rules of Procedure sets out the procedure in respect of an unless order. 39.—(1) An order may specify that if it is not complied with by the date specified the claim, response or reply, or part of it, must be dismissed without further order. If a claim, response or reply, or part of it, is dismissed on this basis the Tribunal must give written notice to the parties confirming what has occurred. (2) A party whose claim, response or reply has been dismissed, in whole or in part, under this rule may apply to the Tribunal in writing, within 14 days of the date that the notice was sent under paragraph (1), to have the order set aside on the basis that it is in the interests of justice to do so. (3) Unless an application under paragraph (2) includes a request for a hearing, the Tribunal may determine it on the basis of written representations. (4) Where a response is dismissed under this rule, the effect is as if no response had been presented, as set out in rule 22 (effect of non-presentation or rejection of response, or case not contested). (5) Where a reply is dismissed under this rule, the effect is as if no reply had been presented, as set out in rule 22, as modified by rule 26(2) (replying to an employer’s contract claim).[8]The claimant has not complied with the above order. The terms are clear that the claim will stand dismissed without further order. The appropriate follow up action does not appear to have been made to dismiss the claim.[9]No representations have been made and the claimant has not attended today’s hearing. 2 of 3[10]In the circumstances, I do not consider I have any alternative but to dismiss the claim, for failure to comply with that order.[11]The claim is dismissed.[12]That is my Judgment. Approved