Mr E Mathieson v Social Care and Social Work Improvement Scotland: 8001574/2025
JUDGMENT
The Judgment of the Employment Tribunal is that the claim be dismissed in terms of Rule 47 of the Tribunal Procedure Rules 2024.REASONS
[1]This case called for a case management Preliminary Hearing (PH) on 24 September 2025.[2]The claimant had sought postponement of the PH on 17 September 2025 in order to obtain legal advice and representation. The respondent opposed his application and Judge Kemp refused the application to postpone on 18 September 2025.[3]The claimant did not appear and was not represented at the PH. Mr McDowall appeared for the respondent.[4]The Tribunal Judge delayed the start of proceedings for the clerk to contact the claimant. Despite the clerk calling the claimant, he did not respond.[5]The Tribunal Judge decided to proceed in absence.[6]Mr McDowall submitted that the claim should be dismissed under Rule 47.[7]Having considered the non-attendance of the claimant in the clear knowledge that the PH was proceeding and the absence of any explanation for his nonattendance the Tribunal Judge decided that it was in accordance with the overriding objective to dismiss the claim in terms of Rule 47. Date sent to parties ___13 October 2025____