Mr A Durling v Menzies Distribution Solutions Ltd: 6000168/2025
JUDGMENT
The claim is dismissed pursuant to rule 47 of the Employment Tribunal Procedure Rules 2024.REASONS
[1]The claimant did not attend the CVP video case management hearing on 15 January 2026 at 2pm. The claimant and the respondent received notice of this hearing on 20 June 2025. That notice of hearing explained the purpose of the case management hearing and summarised what parties were required to do in preparation for this hearing. At the same time parties were sent a case management agenda to complete for this hearing.[2]Also on 20 June 2025 the Tribunal ordered the claimant to provide some information about his disability. This information is required for the Tribunal to decide next steps in these proceedings. The order noted that the respondent had stated in its Grounds of Resistance that its correct name is Menzies Distribution Solutions Limited noting that Employment Judge Quill proposes amending the respondents name and if the claimant objects to this amendment he must write to the Tribunal by 4th July 2025.[3]The claimant did not provide any information in response to the claimant’s case management orders, respond to the order regarding the respondent’s name nor did he complete the case management agenda. It is recorded that the respondent’s name in these proceedings is changed to Menzies Distribution Solutions Limited.[4]As the claimant did not attend the hearing as directed, at 2.10pm I instructed the Tribunal clerk to telephone the claimant using the telephone number provided by the claimant on his ET1. The call did not connect and the clerk received a “user unavailable” notification. Therefore, I instructed the clerk to send an email to the claimant asking if he was intending to attend this hearing. The Tribunal has not received a reply to this email.[5]Having complied with the requirement under rule 47 of the Employment Tribunal Procedure Rules 2024 (stated in full below) to make practicable enquiries (by telephone and email), I considered any relevant information before me in order to determine whether to dismiss the claim or proceed with the hearing in the absence of that claimant. “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]I have available to me the court correspondence file and the case management agenda completed by the respondent.[7]On 28 July 2025 and 30 December 2025 the respondent’s representative wrote to the claimant as he had not provided the information about his disability. He did not reply to this correspondence.[8]Therefore, I find that the claimant is not engaging with these proceedings. He has not replied to any of the Tribunal’s correspondence or the respondent’s attempts to contact him. The Tribunal has not received any correspondence from him since he filed his claim on 3 March 2025.[9]Therefore, I consider it fair in all the circumstances before me at this time to dismiss this claim following the claimant’s non attendance. Approved by: