Mr C Donga v First Eastern Counties Buses Ltd and B Radcliffe: 3305674/2024
JUDGMENT
The claims against the Respondents are dismissed pursuant to rule 47 of The Employment Tribunal Procedure Rules 2024.REASONS
[1]Today’s hearing was listed to consider whether the claim should be struck out pursuant to Rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 (“the Rules”) on the basis that it is not being actively pursued.[2]Notice of today’s hearing was sent to the parties on 30 September 2025, in the case of the Claimant to his home address given in form ET1.[3]The Claimant did not attend today’s hearing and has not made any written representations to the Tribunal. The solicitors who were representing him and who filed the claim on his behalf ceased acting for him on 4 August 2025, the day before witness statements were due to be exchanged. At the point at which the solicitors withdrew, the Claimant had not served a Schedule of Loss or provided disclosure as he had been ordered to do by 27 May and 10 June 2025 1 of 3 respectively. They remain outstanding, along with his witness statement which, as I say, was due to be exchanged on 5 August 2025.[4]The Respondents’ witness statements and the final hearing bundle were sent by special delivery to the Claimant’s home address as stated on his ET1, and were signed for by him. The bundle was delivered on 29 October 2025, namely four weeks after notice of today’s hearing was sent to the parties.[5]Rule 47 of the Rules provides: Non-attendance 47. If a party fails to attend or to be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it must consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.[6]The Claimant did not provide a phone contact number or email address in form ET1, meaning that it has not been practicable to make any further enquiries of him today. Nevertheless, on the basis that the Claimant signed for the final hearing bundle on 29 October 2025, I am satisfied that the notice of today’s hearing which was sent to him at the same address some four weeks earlier will have come to his attention.[7]The Respondents’ solicitors have written to the Claimant four times since 5 August 2025 but none of their correspondence has been acknowledged by him. It is clear to me that he is no longer actively pursuing his claim, if indeed he ever was. He has effectively wasted the Tribunal’s and the Respondents’ time, and has not had the good sense or courtesy to withdrew his claim ahead of today’s hearing but instead put the Respondents to further avoidable time and expense.[8]I shall dismiss the claim under Rule 47 on the basis there is no good reason for the Claimant’s non-attendance today. Had I not dismissed the claim, I would have struck it out under Rule 38(1)(d). Approved by: Employment Judge Tynan Date: 13 November 2025 5 December 2025 For the Tribunal: ………………………….…….. 2 of 3 Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice-directions/