Miss A Michalek v Bupa Care Homes (HH Hull) Care Ltd: 1807099/2017
JUDGMENT
The claim is dismissedREASONS
[1]Neither party attended the hearing and neither party has responded to correspondence from the Tribunal requesting an update on the progress of the case if it has not settled.[2]All other claimants have settled their claims with the respondent and it is likely this claimant has also done so but has failed to notify the Tribunal of that settlement.[3]In those circumstances it was appropriate to dismiss the case.[1]Upon the application of the claimant dated 11 January 2019 having considered any representation and having reviewed the file, Employment Judge Rogerson revokes the Judgment made dated 28 December 2018 dismissing the claim.[2]The claim is reinstated and a telephone preliminary hearing will be listed to make case management orders and to list the case for a hearing.[1]The claim was dismissed following the non-attendance at the hearing by both parties.[2]The parties were not aware of the listed hearing and the notice had not been sent to the correct address. It should have been sent to the claimant’s representatives by email. It should have been sent to the respondent’s legal representatives not to the respondent.[3]The claimant’s claim had not been settled as had appeared to be the case.[4]It is in the interests of justice to revoke the Judgment made.