Ms G Lowe v Goshen Multiservices Group Ltd C/o M Isaiah: 1405838/2023
JUDGMENT
[1]The claim is dismissed under rule 47 of the Tribunal Procedure Rules as the claimant failed to attend the final hearing listed for 10am on 5 April 2024.REASONS
[1]By a claim form dated 12 November 2023, the claimant alleged that there had been unlawful deductions from her wages, as she had not been paid for two and a half hours of work completed on 26 September 2023.[2]The claimant contacted ACAS on 7 November 2023 and a certificate was issued on 9 November 2023, against a prospective respondent, Goshen Multiservices Ltd. This claim is therefore brought within time.[3]In her claim form, the claimant refers to the Respondent as Micheal Isaiah, and does not name Goshen Multiservices Ltd. Nevertheless, the claim has been issued with the respondent named as Goshen Multiservices Group Ltd.[4]The respondent, Mr Isaiah of Goshen Multiservices Group Ltd resists the claim. It is his case that the correct employer was Goshen Multiservices Ltd, of which he is no longer a director.[5]The Claimant failed to attend the hearing on 5 April 2024. I am satisfied that the notice of hearing was correctly served on her in advance of the hearing by both post and email to the contact detailed provided on the claim form.[6]The Tribunal had not been notified in advance of the hearing of any reason why Case Number: 1405838/2023 the claimant could not attend the hearing listed on 5 April 2024.[7]The Tribunal had not been provided with a contact telephone number for the claimant, and therefore sent her an email at her email address. The claimant did not respond to that email.[8]I have considered whether it is possible for me to determine this case in the absence of the claimant. However, given the uncertainty regarding the correct respondent in this case, I am unable to do so. I therefore dismiss the claim under rule 47 of the Employment Tribunal Procedure rules for non attendance by the claimant.