Mrs J Ridley v Midway Care Group Ltd: 1307911/2023

EMPLOYMENT TRIBUNALS
Case No 1307911/2023
Mrs J RidleyClaimantMidway Care Group LtdRespondent
Employment Judge KightNot represented for claimantMr S Jagpal (instructed by Representative) for respondentDate 22 April 2024

JUDGMENT

[1]The Claimant did not attend today’s hearing. No application for a postponement of the hearing has been made. Such enquiries as are practicable have been made of the reasons for the Claimant’s non-attendance and all the available information has been considered, including representations from the Respondent’s representative.[2]The Claimant having confirmed, in writing prior to the hearing, that her dates of employment with the Respondent were 3 February 2022 to 25 October 2023, she does not have sufficient continuous service to present a claim for unfair dismissal. Therefore, in the absence of circumstances which give rise to a claim for automatic unfair dismissal to which the continuous service qualification does not apply, her claim for constructive unfair dismissal is dismissed for lack of jurisdiction.[3]The Claimant has not identified in her claim form what arrears of pay and over what period she claims she is owed. A valid claim for unpaid wages is not made out from the information available to the Tribunal. That claim is also therefore dismissed.[4]In the alternative both claims are dismissed pursuant to Rule 47 of Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, following the Claimant’s non-attendance as described above. 10.2 Judgment - rule 61 February Case No: 1307911/2023