Mr Z Stevenson v Lyons Holiday Park Ltd: 1600734/2020
JUDGMENT
The Claimant’s claims of unfair dismissal, breach of contract and unauthorised deductions from wages are dismissed.REASONS
[1]The hearing was arranged to consider whether the final hearing, scheduled for 26 June 2020, could go ahead, and if so in what format, in light of the restrictions on hearings caused by the Covid-19 pandemic.[2]On 12 June 2020, the Claimant sent an email to the Tribunal noting that his claims had been compromised and that neither hearing was required. On the morning of the hearing, I therefore caused an email to be sent to the Claimant, copied to the Respondent, asking him to confirm that he was withdrawing his claims and that they could therefore be dismissed on withdrawal. The email noted that in the absence of a response the hearing would proceed as scheduled. No reply was received.[3]At 2:00pm, the time for commencement of the hearing, neither party was in attendance, and after waiting for ten minutes that state of affairs remained unaltered.[4]In the circumstances, and bearing in mind the content of the Claimant’s email of 12 June 2020, I considered it appropriate to exercise my power under Rule 47 of the Employment Tribunals Rules of Procedure, and to dismiss his claims in view of his failure to attend or be represented at the hearing.