Non-attendance at hearing

Case 3: The facts

Paul Cooke failed to attend his unfair dismissal claim’s tribunal hearing, due to an error by his solicitors. The tribunal made no effort to find out why he had not attended, even though his solicitors were on record and their contact details were available.

The ruling

The EAT held that, if a party fails to attend a hearing, the tribunal is not obliged to telephone them – but it should at least consider doing so, which had not happened in this case.

Cooke’s case was remitted for a full hearing and he was issued with a “wasted costs” order, on the understanding that this was to be met by his solicitors.

Cooke v Glenrose Fish Company EAT/0064/04