Mr L Carpenter v MSSHOSP Ltd T/a Mint Staffing Solutions: 2413454/2018
JUDGMENT
It is the judgment of the Tribunal that the claimant's claims are dismissed pursuant to rule 47 of the 2013 Rules of Procedure.REASONS
[1]The Tribunal convened to conduct the final hearing in relation to the claimant's claim for unpaid holiday pay. This hearing was convened by letter from the Tribunal to the parties of 18 July 2018, when the hearing was listed for 10.00 am.[2]On 4 October 2018, the Tribunal called the case on at 12.20 p.m, when Ms Murphy, solicitor for the respondent attended, but the claimant did not attend, nor was he represented before the Tribunal.[3]The Employment Judge accordingly enquired of Ms Murphy as to whether she had received any communication from the claimant. She had not, and had made a number of attempts to contact him by telephone and e-mail. She had sent him a copy of the Bundle, and tried to exchange witness statements, but had no response. Case No. 2413454/2018[4]In these circumstances, Ms Murphy invited the Tribunal to exercise its powers under rule 47, which provides that if a party fails to attend or be represented at a hearing (and that includes , now under the 2013 Rules, a preliminary hearing), the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. The rule goes on to provide that before doing so it shall consider such information as is available to it after any enquiries that may be practicable about the reasons for the party’s absence.[5]The Employment Judge considered this application. Having noted the claimant's failure to respond to the respondent at all, and in the absence of any explanation as to why the claimant had not attended , or communicated with the Tribunal, the Employment Judge did exercise the power he has to dismiss the claim.