Mrs K J Debax-Latour v BT plc: 2206103/2016
JUDGMENT
ON RECONSIDERATION Representation Claimant: Not in Attendance Respondent: Mrs L McGovern, SolicitorREASONS
[1]These reasons should be read in conjunction with all earlier Judgment, Orders and Reasons[2]The parties were given notice of this hearing by a letter of 6 February 2017 in which they were informed it would start at 10:00.[3]By an email of 22 March 2017 the time was varied to 11:30.[4]The Claimant did not attend and there was no reply from her phone number. She had not arrived by 11:45, at which time her application was dismissed.[5]I dismissed her application because all her claims are out of time and there was no evidence before me that, if I did exercise my power to reconsider the Judgment, would allow me to exercise my power to extend time in her favour.[6]The Respondent departed. The Claimant arrived at 12:00, the time at which she thought the hearing would start. The Tribunal correspondence was clear. NOTE:[1]Failure to comply with an Order may result on summary conviction in a fine of up to £1,000 being imposed upon a person in default under section 7(4) of the Employment Tribunals Act 1996.[2]If a person does not comply with Orders made under the Employment Tribunals Rules of Procedure, rule 8 of the Employment Tribunals (Levy Appeals) Rules of Procedure or rule 7 of the Employment Tribunals (Health and Safety - Appeals against Improvement and Prohibition Notices) Rules of Procedure an Employment Judge or Tribunal may:(a) make an order in respect of costs or preparation time (if applicable); or Case Number: 2206103.2016(b) make an order to strike out the whole or part of the claim or, as the case may be, the response and, where appropriate, order that a respondent be debarred from responding to the claim altogether.[3]The Tribunal may also make a further Order (an “Unless Order”) providing that unless it is complied with, the claim or, as the case may be, the response shall be struck out on the date of non-compliance without further consideration of the proceedings or the need to give notice or hold a pre-hearing review or a Hearing.[4]An Order may be varied or revoked upon application by a person affected by the Order or by an Employment Judge on his own initiative.[5]This Order confirms orders made/directions given at a hearing on 27 March 2017.