Miss P Gasiorek v PM Group of Hotels Ltd: 2400992/2020
JUDGMENT
[1]The claimant’s claims issued under claim number 2400992/2020 are dismissed under Rule 47 of the Employment Tribunal Rules of Procedure.REASONS
[1]This claim was listed to be heard over 3 days commencing on 21 November 2022. On the morning of the first day the claimant was not in attendance and the Tribunal had not been notified that she did not intend to attend. The witnesses who had produced written witness statements on her behalf were also absent.[2]Attempts were made to contact the claimant by telephone and email with no success. Ms Johns for the respondent was able to advise that the respondent Case No. 2400992/2020 had not had contact with the claimant for a period of approximately five months.[3]The Tribunal adjourned the hearing until 12 mid-day to afford the claimant an opportunity to respond to the messages that had been left for her today.[4]The claimant had not contacted the Tribunal by the time the case was called back on.[5]The Tribunal heard submissions from Ms John’s who invited the Tribunal to either dismiss the claimant’s claim under Rule 47 of the Employment Rules of Procedure, or in the alternative, given that the claimant had failed to actively pursue the claim, to strike the same out under Rule 37(1)(e) of the Tribunal Rules.[6]Having considered the nature of the claims before it, and the degree of dispute as to facts, the Tribunal determined that the claim should be dismissed under Rule 47.