Ms Mariana Gonzalez v Jobs2Go: 2205881/2019
JUDGMENT
ON STRIKE OUT The Employment Tribunal Rules of Procedure 2013 (as amended) The judgment of the Tribunal is that the claim is struck out under Rule 37(1)(a) and/or (d) because it stands no reasonable prospect of success and/or has not been actively pursued.REASONS
[1]The Claimant worked for the Respondent agency between 20 June 2016 and 28 June 2018. By a claim form received on 22 December 2019 the Claimant brought claims for holiday pay and notice pay against the Respondent following what was said to be the insolvency of the company. There was a period of ACAS Early Conciliation between 7 November and 22 November 2019. No response was entered by the Respondent. - 1 - Case Number: 2205881/2019[2]By letter of 20 February 2020 the Claimant was directed by Employment Judge Grewal to bring to this hearing her contract of employment and a document setting out how much holiday pay she claims she is owed.[3]Neither the Claimant or the Respondent attended this hearing. There had been no communication from either of them with the Tribunal and the Claimant did not answer when her mobile telephone number was called.[4]I have checked the identified Respondent (“Jobs2Go”) on Companies House. It does not exist and has never been a registered company. There is therefore no legal entity identified against which this claim could succeed.[5]Companies House does hold records for Jobs To Go Recruitment Limited, but that entity was dissolved on 21 May 2019 and is therefore no longer a legal entity.[6]In the premises, I am not satisfied that this is a claim with a reasonable prospect of success and the Claimant has in any event failed actively to pursue her claim. She had a reasonable opportunity to make representations about her case by attending today’s hearing, but did not do so (Rule 37(2)). It appears to me to be proportionate and in the interests of justice that this claim is simply struck out.[7]Judgment accordingly.