Mr P Mackowski v JHM Recruitment Specialists: 3203139/2022 and 3203140/2022
JUDGMENT
The Claimant’s claims are dismissed on his failing to attend the preliminary hearing on 19 October 2022 without reasonable cause, pursuant to Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.REASONS
[1]By his claim, presented to the Tribunal on 9 May 2022, the Claimant advances complaints of age discrimination and for arrears of pay. He alleges that his employment by the Respondent started on 12 October 2019 and is continuing. The Respondent accepts that it employed the Claimant from 7 September 2020 until 30 October that year, contends that the Claimant was then paid all sums due to him, and resists and disputes all the Claimant’s claims.[2]The Claimant’s case was listed for a closed preliminary hearing by telephone at 10.00 am on 19 October 2022, which I conducted. The Respondent was then represented by Mr Lee Pearman, a director of Bureaulogic Recruitment Ltd whose trading name is JHM Recruitment Specialists. The Claimant failed to attend or to be represented at the hearing. At my request, the Tribunal’s clerk repeatedly telephoned the Claimant on the contact number he had provided in his ET1 originating application, Case Numbers: 3203139/2022 & 3203140/2022 but without any response or answer and despite leaving messages asking him to respond. No alternative phone or contact number had been provided to the Tribunal by the Claimant. Accordingly, and since neither the Claimant nor anyone on his behalf had joined the telephone hearing by 10.30 am, I then decided to dismiss the Claimant’s claims due to his failure to attend or to be represented at the hearing, pursuant to Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.