Ms A Hill v South Ayrshire Council: 4109770/2021
JUDGMENT
The Claimant dismissed having failed to attend or be represented at the Hearing, the claim is dismissed.REASONS
[1]This case was listed for a Hearing on 10 August 2021 at 11.00am. The Claimant did not attend and was not represented. The Respondent was represented by its solicitor and had two employees of the Respondent in attendance.[2]Prior to the commencement of the Hearing, the Tribunal Clerk sought to make contact with the Claimant. She did not respond to telephone calls.[3]On behalf of the Respondent, Ms McMenamin stated that settlement had been agreed in principle but that they had not been able to finalise the COT3 with ACAS. She stated that ACAS had had difficulty in making contact with the Claimant to do so.[4]Ms McMenamin confirmed that the Claimant was still employed by the Respondent, albeit not scheduled to work on the day of the Hearing. She advised that it had been explained to the Claimant by her manager that unless settlement terms were confirmed through ACAS, the Hearing would require to proceed.[5]Ms McMenamin also made reference to a telephone conversation between the Claimant and the Tribunal Clerk (which had been relayed to her) to the effect that the Claimant did not consider that the Hearing required to proceed given the settlement reached.[6]The Tribunal was adjourned in order for further investigations to be carried out. The Clerk confirmed that he had spoken to the Claimant on the previous day (in the context of seeking to establish a connection test for the purposes of the remote hearing). During the course of that conversation, the Claimant commented to the effect that she felt the Hearing did not require to proceed because the case had been settled. Nonetheless, the Clerk sent her an email with the joining details.[7]The Tribunal requested that the Clerk make a further attempt to contact the Claimant. He did so and reported that her phone was not answered.[8]The Hearing reconvened at which time the position of the Clerk was explained. Ms McMenamin thereafter moved for the claim to be dismissed in accordance with Rule 47 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2003. She stated that her instructions were that the Respondent was nonetheless willing to abide by the terms of the settlement agreed in principle.[9]Having regard to the failure of the Claimant to attend, the factual background to the matter, and the various efforts made to contact her, the Tribunal concluded that it was appropriate that the claim be dismissed in accordance with Rule 47. Whilst making clear that it had no power to compel the Respondent to do so, the Tribunal agreed to note the undertaking made on behalf of the Respondent that it was willing to abide by the settlement to the extent of the terms agreed in principle.[10]This Judgment was given orally at the Hearing.