Mr Christopher Edralin v Wrights of London Ltd (in liquidation): 3200103/2020
JUDGMENT
[1]The Claimant’s claim is dismissed.REASONS
[1]By a claim form issued on 9 January 2020, the Claimant claimed unpaid wages. The Claim Form did not identify the level or wages in his role for the Respondent. Nor did it identify the number of hours or days worked for which payment had not been made. There was no quantification of the sum being claimed.[2]Today’s hearing was listed as the Final Hearing of this claim. Both parties were notified of the date of the hearing by letter dated 15 January 2020. That listed the hearing for a one hour in person hearing. It directed that the Respondent was to present its Response by 12 February 2020. It also directed that the Claimant was to set out in writing within four weeks of the date of the letter to the Respondent what remedy the Tribunal was being asked to award, attaching the documents relied upon in support of the sums claimed. That evidence and documentation was to be brought to the hearing. Case Number: 3200103/2020 A[3]The Respondent did not present a Response by 12 February 2020 nor has it sought to do so since that date. The Respondent has not taken any part in these proceedings.[4]As a matter of public record, on 27 January 2020 the Respondent had passed a resolution to wind up the company by way of creditors voluntary liquidation. A statement of affairs dated 10 February 2020 made by the appointed liquidator listed the Claimant as a creditor, but noted that the company’s debts were in excess of £120,000. There had been no communication from the appointed liquidator with the Tribunal in advance of this hearing.[5]On 7 May 2020, the parties were informed that because no Response had been entered the Respondent would only be entitled to participate to the extent permitted by the Employment Judge who hears the case. On the same day, the parties were informed that the hearing on 11 May 2020 would be converted into a telephone hearing. The parties were asked to provide their preferred telephone number. Neither party supplied a telephone number in response to this letter.[6]At the appointed time for the start of the hearing, the Claimant was contacted by telephone on the number provided on the first page of the ET1 Claim Form. There was no response from the Claimant. The Tribunal had no telephone number for the Respondent and was therefore unable to contact the Respondent to invite their participation in this hearing.[7]In the circumstances detailed above, I took the view that the Claimant was no longer actively pursuing his claim. He had produced no evidence in support of his claim nor had he provided any explanation for his failure to comply with the Tribunal’s directions or for his failure to attend this Final Hearing.[8]Accordingly, without any supporting evidence, the Claimant’s claim is not made out and therefore is dismissed.