Mr D Meader v President Joinery Ltd (In Voluntary Liquidation): 3200259/2018
JUDGMENT
The Judgment of the Tribunal is that the Claimant’s claim is dismissed.REASONS
[1]This matter was listed for the full hearing of the Claimant’s claims for redundancy pay, notice pay, holiday pay and arrears of pay commenced by Clam Form ET1 presented on 14 February 2018.[2]The Respondent has entered creditors voluntary liquidation as notified to the Tribunal by letter dated 20 June 2018. The Respondent did not attend the hearing.[3]This matter had been listed for full hearing on a previous occasion, 21 September 2018. Neither party attended that hearing but the Claimant provided an explanation after the hearing and his claim was not dismissed.[4]The Claimant was asked on 12 November 2018 whether he had made an application for payment of monies owing to the Secretary of State. He did Case Number: 3200259/2018 not respond to that request.[5]The Claimant did not attend for the hearing listed for 2pm today.[6]He was contacted by telephone by the tribunal staff and he stated that he had a snapped Achilles tendon and will not be attending. He was asked if he had notified the Tribunal and he said no. He did not ask for the hearing to be postponed.[7]The Claimant does not need an order from the Employment Tribunal in order to approach the Secretary of State and request a payment of monies owed from the National Insurance Fund.[8]Given the Claimant’s previous failure to attend, his failure to respond to the Tribunal’s request of 15 November 2018 and his failure to contact the Tribunal to say that he would not be attending today, the Claimant’s claim is dismissed. CERTIFICATE OF CORRECTION EMPLOYMENT TRIBUNALS RULES OF PROCEDURE 2013 Under the provisions of Rule 69 I hereby correct the clerical mistake(s) in the Judgment herein sent to the parties on 24 January 2019 by substituting Order for Judgment.