Mrs N Adamson v Spa at Old Hall Ltd: 1600630/2021
JUDGMENT
The Claimant’s claims are dismissed.REASONS
[1]This corrected judgment is issued as the original judgment stated the hearing took place on 18 January 2021. The hearing took place on 18 January 2022 and the judgment also bears that date. The reasons set out below are unchanged.[2]The claimant’s claims, along with those of the co-claimant, Mrs K Warrington, was presented on the 21st April 2021. The claims related to: - entitlement to a statutory redundancy payment; - dismissal in breach of contract in respect of notice; - failing to pay the claimant’s holiday entitlement accrued and outstanding on the termination of her employment; - failure in breach of contract to pay contributions to the claimant’s pension; and - unauthorised deductions from the claimant’s pay.[3]Notice of claim was sent to the parties on 29th June 2021. No reply was received from the respondent and notification of no response was sent to the respondent on 10th August 2021.[4]Judgment under Schedule 1, rule 21 Employment Tribunals (Constitution and Rules of Procedure) regulations 2013 was entered in favour of Mrs Warrington on 28th September 2021.[5]It was not possible to enter a judgement with regard to the claimant’s claims because insufficient information had been provided. No information had been supplied with regard to her date of birth, the commencement and termination dates of her employment nor the capacity in which she was employed by the respondent. No information was available with regard to the claimant’s gross and net pay nor her other terms of employment. Accordingly on the 16th of November 2021, Employment Judge Harfield caused a letter to be sent to the claimant asking for details of what was being sought and how the sums were calculated. The claimant was asked to respond by 30th November 2021. No response was received from the claimant.[6]The claimant did not attend the final merits hearing on 18th January 2022 and there is no record of any contact with the Tribunal offices to explain her absence.[7]No correspondence is shown on the Tribunal file from the claimant and no telephone number is recorded or other contact details, save for her address.[8]Under Schedule 1, rule 47 Employment Tribunals (Constitution and Rules of Procedure) regulations 2013, if a party fails to attend or to be represented at the hearing, the tribunal may dismiss the claim or proceed with the claim in the absence of the party. Before doing so, it shall consider any information which is available to it after any inquiries that may be practicable about the reasons for the party’s absence.[9]There is nothing to suggest that the correspondence has not come to the claimant’s attention and no explanation for her non-attendance today. I am satisfied that all enquiries that are practicable have been made as to the reason for the claimant’s absence and that no further steps could be taken.[10]It is for the claimant to substantiate her claims and she has not done so for the reasons stated above. Accordingly the claims are dismissed.