Mr L Goodwin v Acqua Mundus Ltd: 1300552/2024
JUDGMENT
The claim is dismissed pursuant to Rule 47 of the Employment Tribunals Rules of Procedure 2013 Reasons 1.REASONS
[1]Pursuant to Rule 47 if a party fails to attend or be represented at the hearing the Tribunal may dismiss the claim. This is the Claimant’s claim, he has not attended the hearing nor has any communication been received from him to explain his absence.[2]The Claimant has been aware of this hearing since the date of the preliminary hearing in this matter on 1 July 2024. The matter was originally listed for final hearing today. On 26 November 2024 the parties were notified that the hearing would remain in the list but would proceed as a preliminary hearing to deal with the respondent’s strike out application on the grounds of no-compliance and failure to actively pursue the claim.[3]Neither the Tribunal or the respondent have received any communication from the claimant since 1 July 2024. The respondent sent emails to the claimant on 15, 19, 22 and 27 August 2024, seeking his engagement with the Tribunal directions. The claimant failed to respond to any of these communications. On 19 November 2024, the Claimant sent an email to the respondent seeking access to work emails but again failed to communicate about his claim or seek to respond to the respondent’s emails.[4]The tribunal clerk has contacted the telephone numbers given by the claimant in his ET1 claim and also sent an email. The telephone calls went unanswered and no response was received to the email.[5]I am satisfied that the Claimant had notice of today’s hearing and has chosen not to attend or to participate.[6]Having considered all the information available to the tribunal, I exercise my power under Rule 47 to dismiss the claimant’s claim forthwith in its entirety