Mr S KingClaimantLeonard Buca Ltd RULE 47 JUDGMENT 1. The judgment of the Tribunal is as follows: 1.1 All claims are dismissed under Rule 47 of the Employment Tribunal Procedure Rules 2024.RespondentDate 12 March 2026
REASONS
[1]The hearing on 22 July 2025 was listed to consider the following issues, in summary:a. To clarify the claims;b. Further case management if appropriate.[2]In a letter dated 19 March 2025, the Tribunal requested the claimant to submit evidence of his financial losses, payslip and contract of employment. The claimant appears to have failed to respond to this letter.[3]The claimant attended the hearing listed for 7 April 2025 (the respondent failed to attend). The claimant was required to send a schedule of loss by 28 April 2025; the parties were required to agree a bundle and to exchange statements. None of these steps were taken.[4]The parties were told by letter on 21 July that due to a lack of judicial resources the hearing on 22 July 2025 had not yet been allocated to a judge. The parties were told to expect contact from the tribunal by midday on 22 July 2025.[5]A judge did become available, and the parties were contacted on two occasions by the Tribunal clerk on 22 July 2025 to inform them that the hearing would proceed at the listed time – 2.00pm.[6]The claimant did not respond to the Tribunal’s calls and message left on his mobile phone.[7]We also checked the Tribunal inboxes to ensure the claimant had not emailed reasons for his absence.[8]Since then, there has been no correspondence from the claimant to say he is pursuing his claim.
The Law
[9]The Employment Tribunals Procedure Rules 2024 – Rule 47: Non-attendance If a party fails to attend or 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.[10]Roberts v Skelmersdale College [2003] EWCA Civ. 954: The Court of Appeal stated that the tribunal has a wide discretion to dismiss a claim in the absence of a party, provided that it exercises its discretion properly and fairly. The Tribunal is under no obligation to investigate the merits, or lack of merits, of the claim before doing so.[11]Cooke v Glenrose Fish Co Ltd [2004] IRLR 866, EAT: The EAT stated that the tribunal should seek to contact the claimant to find out why they have not attended – this is “the best approach”, and should also ask the parties whether the claimant has given a reason for non-attendance. Conclusions on the evidence and the law[12]The claimant is clearly aware of today’s hearing, as this was listed at the hearing he did attend on 7 April 2025. He failed to supply a schedule of loss or documents or a statement, again despite being aware of these Orders. He has made no contact with the tribunal or the parties to say he could not attend, and he did not respond to the tribunal’s attempts to contact him.[13]It is possible that the claimant has a reason for his non-attendance, and his failure to inform the parties and the tribunal of his non-attendance, for example a medical emergency. If so, this may be a good reason for his failure to attend and to communicate his non-attendance. If so, he may apply for a review of this decision within the appropriate timescale and with relevant evidence (medical, or other) in support of his application.[14]But in the absence of any evidence of a good reason, and because the claimant has failed to respond to the Tribunal’s attempts to contact him, I consider that it is appropriate, in exercising my discretion, to strike out the claims against all respondents. Approved by: