G Jones v Vogue Future Living Ltd: 3300036/2020
JUDGMENT
The claims are dismissed.REASONS
[1]The Claimant was employed by the Respondent from 26 June 2019 until 28 October 2019. She claims that she was unfairly dismissed and that she was not paid for her last 4 days work. The Respondent responds that there can be no claim for unfair dismissal because the Claimant had not worked for them for 2 years, and none of the exceptions to that requirement were pertinent. They say that they paid in full all timesheets the Claimant submitted. They say that the Claimant was on a zero hours contract, was not dismissed, but simply ceased to be in contact with them. They accepted the date given by the Claimant, 28 October 2019, as the effective date of termination.[2]The Claimant did not attend the hearing. I waited until 2:10 pm before starting the hearing. There had been no contact between her and the Tribunal. Ms Jessop had contact with her about 6 weeks ago, when the Claimant said that she was going to speak to Acas. 10.7 Judgment with reasons – rule 62 1 Case No: 3300036/2020[3]The claim form gave a mobile phone number for the Claimant. I called it, but it went to voicemail. I did not leave a message.[4]No reason being put forward by the Claimant as to why the Tribunal had jurisdiction to hear a claim for unfair dismissal as the period of employment was 4 months, and so less than the required 2 years, I dismiss the claim for unfair dismissal for want of jurisdiction.[5]The Claimant has provided no information or documentation about her claim for unpaid wages, and it is not particularised in the claim form. I dismiss that claim as having no reasonable prospect of success.[6]Had I not done so, in either case, I would have struck the claims out under Rule 47: “Non-attendance 47. 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.”[7]I have made such enquiries as are practicable by attempting to telephone the Claimant, and the Claimant had not contacted the Tribunal to say that she was having difficulty logging in. It was 20 minutes after the scheduled start time before the hearing ended and the Claimant had not logged into the hearing before it concluded.