Miss S Mohammadi v PJ Bury Ltd and KA Empire Ltd: 2400065/2023
JUDGMENT
The Claimant’s claims are all struck out under Rule 47 of the Tribunal Rules because she failed to attend today’s hearing. The Tribunal considered the information before it before making this decision, having attempted to contact the Claimant today by telephone. She answered the call and verified her identity, but upon the clerk stating that she was calling from the Tribunal, the Claimant terminated the call.REASONS
[1]The Respondents have not entered Notices of Appearance. The claims were due to be considered under rule 21. However, it was not appropriate to proceed in the Claimant’s absence as there was very little information about the claims so as to enable a decision to be reached.[2]The Claimant did not contact the Tribunal to request a postponement, Notice of the Hearing having been sent to the Claimant’s address as given on her application form on 17 January 2023. As stated above, she was contacted by telephone this morning but, having identified Case Number 2400065/2023 herself, she terminated the call when the clerk introduced herself. Subsequently, on further attempts to contact her, the telephone rang out and the Claimant failed to answer the calls.[3]Rule 47 of the Tribunal Rules contains the power to strike out for nonattendance of a party.[4]It is not appropriate to proceed in the Claimant’s absence, given the paucity of information about her claims.[5]In the light of the overriding objective in Rule 2 and the need to avoid delay, save expense and deal proportionately with the issues, the Tribunal strikes out all the Claimant’s claims in their entirely under Rule 47. Judge Callan Date: 11 May 2023 JUDGMENT SENT TO THE PARTIES ON: 22 May 2023