Cases3311636/2023

Claimant v Forterra Building Products Limited

23 January 2025Before Employment Judge HuntEast of Englandremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal heard the case despite the claimant's non-attendance. The respondent presented its case and the tribunal found the claim was not well-founded, determining that the claimant was not unfairly dismissed by the respondent.

Facts

Mr Turton brought an unfair dismissal claim against Forterra Building Products Limited. The claimant failed to attend the final hearing, which proceeded by CVP on 23 January 2025. The respondent was represented by Mr Kellaway and presented its case to the tribunal.

Decision

The tribunal heard the respondent's case in the claimant's absence and determined that the unfair dismissal claim was not well-founded. The claim was dismissed, with the tribunal finding that the claimant was not unfairly dismissed by the respondent.

Practical note

A tribunal can proceed to hear and determine a case on its merits even when the claimant fails to attend the hearing, and may dismiss the claim if satisfied the respondent has established its defense.

Legal authorities cited

Statutes

Employment Rights Act 1996 Part X

Case details

Case number
3311636/2023
Decision date
23 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
in house

Claimant representation

Represented
No