Miss S Kazmi and Others v Avalanche Home Improvements Ltd: 1806347/2024 and Others
JUDGMENT
The claimants having failed to attend today’s hearing, their claims are hereby dismissed pursuant to Rule 47 of the Employment Tribunal Procedure Rules 2024.REASONS
Whilst the respondent had failed to submit any response, Judgment could not previously have been made in the claimants’ favour pursuant to Rule 22 as the claimants had failed to particularise, showing the basis of their calculation, the amounts claimed by each of them as unpaid wages and damages for breach of contract. The tribunal had written to the claimants on 19 December 2024 asking them to provide information about their claims by return. Had they done so, Judgment may have been entered in their favour without the need for a hearing. Unfortunately, none of the claimants responded. At 15:58 on 7 January 2025, Miss Kazmi emailed the tribunal saying that she would not be able to attend the hearing as she was unwell but that the other parties may be available. There had been no application for a postponement of the hearing by her and certainly none has been granted. Her brief email statement is wholly 10.2 Judgment - rule 61 March Case No: 1806347/2024; 1806348/2024; 1806349/2024 insufficient in terms of an explanation for not attending today’s hearing. That and the failure of all the claimant to provide the information requested and to make any attempt to attend today’s hearing shows a disregard for the seriousness of these proceedings and for the time and money wasted in listing this matter to be heard today before an Employment Judge. In the circumstances, it is not considered to be in accordance with the tribunal’s overriding objective to simply seek an explanation from the claimants for their non-attendance and failure to comply with the tribunal’s directions with a view to potentially listing a further hearing. It is open to the claimants to apply for a reconsideration of this Judgment which may be more sympathetically viewed if it were to be accompanied with the information previously requested which would have shown to the tribunal the amounts claimed and the basis of their calculation.