Claimant v Tolent Construction Limited (In Administration)
Outcome
Individual claims
The claims were dismissed on 10 July 2024 because the claimant failed to attend the scheduled hearing. The claimant had been properly notified of the hearing date but assumed it was not proceeding after the tribunal refused to issue a Rule 21 judgment, and was on holiday when the tribunal attempted to contact him.
Facts
The claimant brought claims against Tolent Construction Limited (in administration). The tribunal refused to issue a Rule 21 default judgment and listed the case for a final hearing on 10 July 2024. The claimant failed to attend the hearing, believing incorrectly that it was not proceeding, and was on holiday when the tribunal attempted to contact him. His claims were dismissed for non-attendance. The claimant applied for reconsideration on 3 August 2024.
Decision
The tribunal refused the reconsideration application, finding no reasonable prospect of varying or revoking the dismissal. The claimant had made a conscious decision not to attend the hearing despite proper notification, had failed to clarify the situation before going on holiday, and there was no error on the tribunal's part in notifying him or attempting to contact him.
Practical note
Claimants must attend properly notified hearings even after adverse procedural decisions; a refusal to issue a default judgment does not mean the case will not proceed to a substantive hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2500521/2023
- Decision date
- 10 July 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No