Mr S Meqran v Kemp Recruitment Ltd: 2303655/2022
JUDGMENT
The claim is dismissedREASONS
[1]The claimant failed to attend the preliminary hearing listed for today.[2]By rule 47 of the Employment Tribunal Rules of Procedure the tribunal has power to dismiss a claim if a party fails to attend or to be represented at a hearing.[3]The tribunal has had no communication from the respondent since 29 November 2022. On that date a direction was sent to the parties notifying them that the claim would be listed for a two hour case management hearing and a three day final hearing. No dates were given. However, the claimant replied that day by email to say that “I don’t think I can make it I have a lot of commitments during this time of the year”.[4]The respondent has not had any communications from the claimant either since the claim was lodged.[5]The main complaint raised in the claim form is that the claimant was not paid his correct wages for the three days that he worked as a temporary worker through them in August 2022. The respondent says that there was a delay in obtaining 1 of 2 Case Number 2303655/2022 the relevant timesheets from the client company with whom he worked and that they made a final payment to him shortly after the claim form was issued.[6]The claim form also contained brief allegations of harassment or discrimination on grounds of race or religion but these related to employees at the client company, for whom the respondent is not responsible.[7]These circumstances, particularly the claimant’s failure to attend this hearing and his earlier email, indicate that there are no outstanding issues which the claimant intends to pursue and so it is appropriate to dismiss the claim.[8]The claimant has the right to apply for a reconsideration of this decision.