Claimant v Grad2Teach Limited

Outcome

Facts

The claimant was located in Morocco and failed to obtain permission to give evidence from abroad despite being warned at a previous preliminary hearing by Judge Graham that this was required. At a final hearing listed for 24 March 2025, the hearing was postponed to allow him to obtain the necessary permissions under The Hague Convention. The respondent applied for strike out citing a pattern of non-compliance. A preliminary hearing was listed for 13 June 2025 to consider the strike out application. The claimant failed to respond in writing to the application and failed to attend the 13 June hearing despite tribunal attempts to contact him by phone and email.

Decision

The tribunal dismissed the claim under Rule 47 of the Employment Tribunals Rules of Procedure 2024 due to the claimant's non-attendance at the preliminary hearing on 13 June 2025. The tribunal was satisfied the claimant knew about the hearing, made practicable enquiries as to his absence by attempting to phone and email him, but received no response. The tribunal concluded dismissal was proportionate and in accordance with the overriding objective.

Practical note

Legal authorities cited