Mr L Kraj v Giromondo Ltd (T/a Mont Blanc): 2400713/2024
JUDGMENT
The claim is dismissed under Rule 47 of the Employment Tribunal Procedure Rules 2024.REASONS
[1]A preliminray hearing to determine time limit points was scheduled to take place at 10am on 19th March 2025 at the Manchester Employment Tribunal.[2]The date of the preliminary hearing was agreed between the parties at a hearing before Employment Judge Cookson on 7th October 2024.[3]The Claimant did not attend at the preliminary hearing. My clerk called his number that was stated on the ET1 at 10 am and there was no response. I waited until 10.30 am before calling on the case to see if the Claimant was running late. He did file a witness statement in advance of the preliminary hearing but that statement was not served on the Respondent and in any event it does not address the reasons why the claim was presented out of time.[4]The Respondent’s representative informed me today that following the last hearing, the Claimant was paid the holiday pay which it was agreed was owed to him, amounting to £2,432.86 before tax and national insurance.[5]The Respondent made an application to dismiss the claim under Rule 47 on the basis of the Claimant’s non attendance. Having considered those submissions, I determined that in the absence of the Claimant and/or any reason for his non-attendance, I would dismiss the claim.[6]It is open to the Claimant to seek a reconsideration of his dismissal judgment if he believes it is in the interests of justice to do so. If the Claimant wishes to make this application, he should write to the Tribunal setting out why a reconsideration is necessary within 14 days of receipt of this judgment.