Ms D Dimitrova v Mr S Ratnasinaka T/a Holm Lodge Residential Home: 2301215/2017
JUDGMENT
It is the judgment of the Tribunal that the application by the Claimant for a reconsideration of the judgment dated 5 June 2018 is refused.REASONS
[1]A hearing of the claims being made by the Claimant was listed to be heard from 4 June 2018 with five days allocated. The Claimant did not attend the hearing and her claims were dismissed for the reasons given for the judgment.[2]The Tribunal then received various items of correspondence from the Claimant who is Bulgarian and was at the time in Bulgaria. The correspondence was not entirely clear but the Claimant did refer to a reconsideration of the judgment.[3]Following a request made by the Tribunal on my instructions as to whether the Claimant would be returning to the UK so that the request for a reconsideration could be dealt with in person the Claimant wrote to the Tribunal on 21 December 2018 saying that she was in the UK and was able to attend a hearing.[4]On 19 February 2019 a letter was sent to the Claimant and the Respondents’ solicitors by email informing them that the application for Case No: 2301215/2017 reconsideration would be heard today at 10 am with two hours allocated. The Tribunal convened for that purpose but neither party attended.[5]The clerk attempted to contact the Claimant and the Respondent’s solicitors by telephone. There was no answer by the Claimant. The clerk made a note that the Respondent’s solicitors had said that the Respondent was on holiday.[6]It appeared from the Tribunal file that the Claimant had been given proper notice of this hearing in that the letter containing the notice had been sent to the email address shown on the claim form ET1 and from which the Claimant had been corresponding.[7]As the Claimant was not present to pursue the reconsideration application the Tribunal decided to refuse it.