Ms C Emmitt v Applied Group Ltd: 3300089/2020 and 3301722/2020
JUDGMENT
[1]The claims for unfair dismissal, redundancy payment and breach of contract (for notice pay, holiday pay and other payments) are dismissed under Rule 47.REASONS
[1]Rule 47 to Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 states: ‘If a party fails to attend or 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]On 16 May 2021 the initial notice of hearing for case number 3301722/2020 was sent to parties. On 14 July 2021 the notice of hearing for the case number 3300089/2020 was sent to all parties. On 20 January 2022 a reminder of the hearing was sent to the parties with a request for paperwork/ bundles, on the 1 ph outcome re case management July 2014 version Case Numbers: 3300089/2020 & 3301722/2020 same day the Tribunal sent CVP instructions for the parties to access the hearing. On 21 January 2022 the Tribunal attempted to call the Claimant and there was no response. The Respondent did not provide the Tribunal with a phone number (it is noted that on Companies House the Respondent is noted as being in liquidation.) The Claimant had not informed the Tribunal that she was either unable or unwilling to participate in the hearing. Accordingly, I dismissed all claims against the Respondent under Rule 47.