Claimant v Akela Construction Limited

Outcome

Facts

The claimant brought a claim against his former employer, a construction company, but the claim appeared to have been filed outside the three-month time limit. A preliminary hearing was scheduled to determine whether it was reasonably practicable for the claimant to file in time. The day before the hearing, the claimant emailed stating he could not attend due to poor mental health, but provided no medical evidence. The respondent applied for dismissal under Rule 47.

Decision

The tribunal dismissed the claim under Rule 47 of the Employment Tribunal Procedure Rules 2024 due to the claimant's non-attendance. The judge held that the hearing could not proceed in the claimant's absence as it required evidence from him on the time limit issue, and in light of the overriding objective, dismissal was appropriate. The claimant was advised of his right to apply for reconsideration within 14 days.

Practical note