Case No 1307485/2019Venue BirminghamHearing 3 March 2020
Between
Mr J BarkerClaimantSandwell MBCRespondent
Before
Employment Judge DimbylowNot represented for claimantNot represented for respondentDate 3 March 2020
JUDGMENT
The claimant having failed to attend at this hearing, the claim is dismissed pursuant to Rule 47 of Schedule 1 of the Employment Tribunal Rules of Procedure 2013.
REASONS
[1]This hearing was due to start at 9.45am; but at that time neither party was present. I put it back to 10.10am. When the hearing commenced, the claimant still having failed to attend or be represented I considered if the claim should be dismissed pursuant to Rule 47.[2]The respondent had lodged no response and the claim was not resisted.[3]I was satisfied that notice of today’s hearing had been given to the correct address retained on file for the claimant. The tribunal sent an email to the claimant about the case on 2 March 2020. Furthermore, the tribunal could not contact the claimant by telephone as he had not provided a number; and my clerk checked for telephone calls or outstanding correspondence that would provide an explanation for the claimant’s absence and found none.[4]I find the claimant was properly served and that he failed to inform the tribunal he would not be attending or in the alternative lodge written representations. Case Number 1307485/2019[5]Having further considered the file I noted the claimant had failed to lodge evidence and supporting documentation concerning his claim, in breach of a case management order made and sent to the parties on 21 October 2019.[6]I considered the information before me was insufficient to assess the extent of the claim and make an award in the claimant’s favour in relation to the loss of wages claimed. In particular, the claim for wages extended back to 23 May 2016; beyond the 2-year limitation period for an award counting backwards from the date of issue of the claim on 30 September 2019 (section 24 (4A) and (4B) Employment Rights Act 1996).[7]I concluded that it was just, fair and proportionate to dismiss the claim under Rule 47.