Mr B Robb v Go2Gas Solutions Ltd: 3300509/2023
JUDGMENT
[1]The claim is dismissed under Rule 47 of the Tribunals Rules of Procedure.[2]The Respondent’s employer contract claim against the Claimant succeeds and the Tribunal orders the Claimant to pay the sum of £169.32 to the Respondent in respect of that claim.REASONS
[1]The Claimant did not attend the hearing which was listed for two hours on the 21 June 2023. The Tribunal clerk telephoned the Claimant to ask if he was attending the hearing. He asserted he had not received the Notice of Hearing. The clerk checked the file and noted that the Notice of Hearing had been emailed to the Claimant contrary to what the Claimant had asserted. The Clerk then telephoned the Claimant once more and on this occasion the Claimant did not answer his phone. Despite being aware of the Notice of Hearing of his claim which had been emailed to his email address the Claimant had not attended the final hearing of his claim, and Case Number: 3300509/2023 on being advised that a hearing was about to take place he declined to answer the phone when the clerk to the Tribunal telephoned him for the second time.[2]Based upon the Claimant’s failure to attend the hearing, and despite clear evidence he knew about the hearing date, I am satisfied that the Tribunal should exercise its power under Rule 47 to dismiss the claim on the basis that the Claimant failed to attend the hearing.