Claimant v CAE Parc Aviation Limited

Outcome

Facts

The claimant was employed as a cabin crew member by CAE Parc Aviation Limited from 29 May 2023 until 22 May 2024. He brought claims for unfair dismissal, age discrimination, race discrimination, and whistleblowing. The respondent denied the allegations, asserting the claimant was not telling the truth about his grievances. The claimant failed to attend two preliminary hearings (5 February and 25 February 2025), failed to respond to any correspondence from the respondent's representative sent between September 2024 and February 2025, and failed to comply with a tribunal order to explain his non-attendance. At the hearing on 25 February 2025, the claimant sent an email claiming an emergency and stating he had received no documentation, which the judge found disingenuous given all correspondence had been sent to his email address.

Decision

Employment Judge Hutchings struck out the entire claim under Rule 38(1)(d) on the basis that it had not been actively pursued. The judge found that the claimant had failed to engage with the proceedings, including failing to attend two hearings without adequate explanation, failing to respond to multiple communications from the respondent, and failing to comply with tribunal orders. The judge rejected the claimant's assertion that he had not received documentation, finding this claim not feasible given the evidence. The judge decided to proceed in the claimant's absence and struck out the claim in accordance with the overriding objective, particularly the need to avoid delay and save expense.

Practical note

Legal authorities cited