Cases3313068/2023

Claimant v Urbanbubble Ltd

13 February 2025Before Employment Judge YoungWatfordhybrid

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was dismissed under rule 47 of the Employment Tribunal Procedure Rules 2024 due to the claimant's non-attendance at the hearing. Despite the tribunal making efforts to contact the claimant by phone and email, and waiting until 10:15am, no explanation was provided for the absence and the claimant did not attend either in person or via video link.

Wrongful Dismissalstruck out

The claim was dismissed under rule 47 of the Employment Tribunal Procedure Rules 2024 due to the claimant's non-attendance at the hearing. The claimant had applied for a hybrid hearing but failed to attend in person or remotely, and provided no explanation despite tribunal attempts to contact him.

Facts

Mr Akoto was employed by Urbanbubble Ltd as a concierge from September 2008 until his dismissal for gross misconduct on 5 September 2023. He brought claims for unfair dismissal and wrongful dismissal. A two-day hearing was listed at Watford Employment Tribunal for 13 February 2025, converted to hybrid format at the claimant's own request. Despite having a 221-page bundle and witness statements prepared, the claimant failed to attend either in person or remotely.

Decision

The tribunal dismissed the claimant's claims under rule 47 of the Employment Tribunal Procedure Rules 2024 for non-attendance. The tribunal made efforts to contact the claimant by phone and email and waited until 10:15am, but received no explanation for the absence. The tribunal considered but rejected an adjournment, noting the claimant had failed to attend a previous hearing and provided no explanation.

Practical note

Claimants who fail to attend hearings without explanation risk having their claims dismissed under rule 47, even where substantial preparation has been undertaken and the hearing format has been accommodated to their preferences.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 47

Case details

Case number
3313068/2023
Decision date
13 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
real estate
Represented
Yes
Rep type
barrister

Employment details

Role
Concierge
Service
15 years

Claimant representation

Represented
No