Mr G Shanley v Kingly Solicitors Ltd T/a Coles Solicitors (in voluntary liquidation): 2501747/2020
JUDGMENT
The Claimant’s claims were all dismissed, pursuant to rule 47 of the Employment Tribunals Rules of Procedure 2013.REASONS
[1]Rule 47 of the Employment Tribunal Rules 2013 provides that ‘If a party fails to attend or to be represented at the hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it shall consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.’[2]The Claimant was one of a number of Claimants bringing claims against the Respondent company, now in voluntary liquidation.[3]A lead Claimant had been appointed to liaise with the Tribunal, and at the hearing I was informed that the Claimant had not responded to any correspondence from the lead Claimant and he had not provided any information or evidence to submit to the Tribunal nor submitted it directly himself. Case Number: 2501747/20 (V)[4]I was informed that the Claimant was made aware of all Case Management Orders and of the hearing date. I noted from the file that the Claimant was sent an invitation to the hearing by email however the Claimant was not in attendance and had not provided any reason for his non-attendance.[5]I am satisfied that the Claimant had received proper notice of the hearing and the necessary information about the Case Management Orders.[6]On the information I had available I was unable to decide the Claimant’s claims.[7]Therefore, in the exercise of my powers under Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, I dismissed all of the Claimant’s claims. EMPLOYMENT JUDGE NEWBURN