Mr S Jenkins v Pureshare Ltd – in Creditors’ Voluntary Liquidation and The Secretary of State for Business, Energy and Industrial Strategy : 1601353/2022
JUDGMENT
[1]the claims are dismissed under Rule 47 of the Employment Tribunal Rules of Procedure (as amended) due to the non-attendance of the Claimant or a representative. The Claimant and his former representative were properly notified of the hearing, and lack of funds is not an acceptable reason to fail to attend. The Tribunal contacted the Claimant more than once today and he failed to respond in time. The Claimant’s failure to comply with case management directions and provide evidence in relation to the two matters before the Tribunal (other than one document which raised concerns requiring further evidence or oral examination) meant that the Tribunal was not willing to deal with the issues to be determined today in his absence. The Claimant’s later call to the office after the hearing that “he was not prepared for it [the hearing]” does not excuse his failure to attend or provide Case Number: 1601353/2022 evidence as directed; the decision to dismiss the claims under Rule 47 will not be reconsidered on this basis as it has no prospect of success.