Mrs A Garrick v Czajka Properties Ltd: 1801317/2016
JUDGMENT
[1]The claim is dismissed[2]Any application for costs is adjourned to be put in writing.REASONS
[1]The Claimant’s representative at 16.46 yesterday had informed the Tribunal by email (without copying in the Respondent) that a COT3 settlement agreement was being prepared by ACAS.[2]No such COT3 agreement has been notified to the Tribunal and the Respondent attended with witnesses prepared for the final hearing.[3]The Respondent confirms that there had been discussions through ACAS with a view only to resolving a possible dispute over holiday pay. Such an allegation is not however pleaded and is not any part of this present claim.[4]Neither the Claimant nor her representative were able to be contacted by telephone.[5]The Tribunal adjourned the start of the hearing until 10.30 am to allow opportunity for the Claimant to attend.[6]As the Claimant did not attend to give any evidence on oath which might have proved that she was constructively dismissed or that she had made a protected qualifying disclosure (which are respectively denied and not admitted). The claim cannot therefore succeed. Case: 1801317/2016[7]Also there could in the circumstances be no challenge to the Respondent’s evidence.[8]In these circumstances the claim is not being actively pursued and is therefore dismissed without hearing evidence.[9]No application for costs will be considered until the Claimant has had specific opportunity to make representations, either in writing or possibly at a further hearing. Therefore no submissions were heard on this issue and the application will be put in writing.[10]For the avoidance of doubt the claim for equal pay which was settled through ACAS on 24th January 2017 is also now formally dismissed upon withdrawal.