Mr W Aluwoade v Thames Water Utilities Ltd: 3311529/2023
JUDGMENT
Upon the claimant failing to attend, his claim is dismissed.REASONS
[1]The claimant presented complaints of unfair dismissal, disability discrimination, breach of contract as to notice and for unpaid wages to the tribunal on 9 October 2023, having gone through early conciliation between 5 October 2023 and 9 October 2023. The claimant said in his claim form that he had been employed by the respondent from 2018 to 3 November 2022.[2]The respondent filed a response disputing the claims on their merits but also asserting that they had been presented after the expiry of the statutory time limits. The tribunal has power to either confirm that claims have been presented in time or to extend time limits if a claimant establishes facts showing the relevant conditions for doing so. Accordingly, Employment Judge Robin Lewis listed a public preliminary hearing for these questions to be considered and that hearing took place today.[3]In addition to listing this hearing, Judge Lewis directed that the claimant provide further information about the disabilities he relies on for his complaint of disability discrimination. The claimant was to do so by 25 March 2024 but in the event, did not provide a response until 10 April 2024. He relies on a visual impairment and migraines for this aspect of his claims. 1 of 2 Case Number: 3311529/2023[4]The claimant did not attend today’s hearing. I delayed its start by 15 minutes in case he was running late and I also asked the clerk to attempt to contact the claimant by telephone and email. She informed me that she did so but without any reply.[5]There is no evidence of the claimant contacting the tribunal about his nonattendance today or his claim more generally.[6]Having regard to all these factors and as I am satisfied that all practicable enquiries have been made about the reasons for the claimant’s absence, I have decided that it is just in the circumstances to dismiss his claim on his nonattendance.