Miss L Penny v Oasis Fashions Ltd (in administration): 2203678/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – rule 47 The claimant’s claims for arrears of pay, holiday pay and notice pay are dismissed under rule 47.REASONS
[1]The claimant was employed by the respondent, a national British fashion retailer which went into administration on 15 April 2020. The claimant brought an employment tribunal claim making claims for a protective award (for failure to consult) and for arrears of pay, holiday pay and notice pay. The claim was stayed pending consent from the administrators of the respondent.[2]In the ET3 and grounds of resistance presented on 27 September 2021, the administrators of the respondent granted consent for the claimant’s claim against the respondent to proceed. The respondent did not contest the claimant’s claim for a protective award; judgment for a protective award was issued dated 28 January 2022.[3]The tribunal wrote to the claimant on 25 March 2022 to say that the claimant’s pay claims would be decided at a hearing to be conducted by video on 18 July 2022. The tribunal made case management orders for the claimant to provide details of the amounts claimed, documents in support of her claim and a witness statement.[4]The claimant did not provide any information in accordance with the case management orders. The tribunal does not have details of the amounts claimed by the claimant and whether she has received any payments or part payments from the Redundancy Payments Service. The claimant did not attend and was not represented at the hearing on 18 July 2022. She did not contact the tribunal to say why she would not be attending. The pay claims Page 1 of 2 Case Number: 2203678/2020 have not been actively pursued, and it seems that the claimant has decided not to pursue her pay claims.[5]In the circumstances, the pay claims are dismissed under rule 47 of the Employment Tribunal Rules of Procedure 2013. This rule relates to nonattendance at a hearing.