Ms T Heale v Stagecoach Devon Ltd T/a Stagecoach Southwest: 6010073/2024
JUDGMENT
[1]The Claimant’s claims are dismissed pursuant to Rule 47 (Non-attendance) of The Employment Tribunal Procedure Rules 2024 (“the Rules”).REASONS
[2]The Claimant presented her claim form on 30 August 2024.[3]On 18 October 2024 the Tribunal sent the parties a notice of preliminary hearing for case management to be held by telephone on 4 June 2025 at 12:00 (“the Hearing”).[4]On 14 January 2025 EJ Bax wrote to the Claimant reminding her of the Hearing and requiring her to provide clarification of certain of her complaints by 28 January 2025.[5]On or about 27 January 2025 the Claimant sent to the Tribunal a PDF of 15 pages containing, amongst other things, photographs of documents (“the PDF”). The Respondent did not receive the PDF.[6]On 7 February 2025 the Respondent chased the Claimant’s compliance with EJ Bax’s Orders (not having received the PDF). The Claimant replied to say that she had sent information to the Tribunal. The Claimant then did not respond to a 1 of 3 request by the Respondent, of 7 February 2025, asking her to send to the Respondent the information that the Claimant had sent to the Tribunal.[7]The Respondent had no further contact from the Claimant.[8]On Monday 2 June 2025 the Respondent sent to the Tribunal and to the Claimant by email a bundle, draft agenda and a list of issues. The Respondent’s email was rejected by the Claimant’s email inbox (the Respondent receiving an automated response indicating that the Claimant’s inbox was full).[9]The Respondent tried to call the Claimant three times between 10:25 and 10:30 on Tuesday 3 June 2025. On the first occasion the Claimant’s phone did not ring, on the second occasion it also would not connect and on the third occasion the Respondent’s representative left a voicemail asking the Claimant to call and explaining the problem that had arisen with the email she had tried to send to the Claimant the previous day. The Claimant did not return the Respondent’s call.[10]The Claimant did not attend the Hearing and the Tribunal clerk was unable to reach her during the hearing by telephone.[11]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.[12]At the Hearing, taking into account the information available to me as set out above, I concluded that it was in the interests of justice to dismiss the claim pursuant to Rule 47 because:12.1 the Claimant had been given notice of the Hearing on 18 October 2024;12.2 the Tribunal had reminded the Claimant of the Hearing on 14 January 2024 (in correspondence to which the Claimant did respond);12.3 the Claimant had then failed to respond to or to engage with the Respondent after it asked the Claimant to provide it with the PDF which she had sent to the Tribunal;12.4 the Claimant made no subsequent contact with the Respondent;12.5 the Claimant did not call the Respondent after it left her a voicemail on 3 June 2025;12.6 the Claimant did not respond to the Tribunal’s call during the Hearing;12.7 the Claimant failed to attend the Hearing. 2 of 3[13]The hearing concluded at 12:25 after I had dismissed the claim.