M Lukasik v C Shantiratnam: 3300748/2021
JUDGMENT
[1]The claimant’s claim is dismissed under rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 because the claimant did not appear at the hearing and was not represented.REASONS
[1]A preliminary hearing took place on 8 February 2023, when the case was listed for a 5-day final hearing. That hearing was due to start today. Neither party attended. An interpreter did attend.[2]The claimant did not appear and was not represented. The information available to the tribunal was the claimant had not complied with the directions dated 8 February 2023. That order was sent out again at the direction of Employment Judge Michell on 8 August 2023. It is clear from the order of 8 February 2023 that the claimant attended a telephone preliminary hearing that day, and so was told that there would be a final hearing from 11 – 15 March 2024.[3]The tribunal clerk contacted the claimant using the telephone number on record this morning. The claimant did not answer the telephone, but somebody else did. That person said they were not claimant and did not know her.[4]The respondent did not appear and was not represented. The tribunal clerk contacted the respondent’s representative and was informed that the representative did not think it was necessary to attend the hearing. This appears to be on the basis of correspondence about the claimant’s failure to comply with 10.7 Judgment with reasons – rule 62 March 2017 Case No: 3300748/2021 directions. That correspondence stated no action would be taken in respect of a strike out before the final hearing. It did not say that the respondent should take no action at all in the case.[5]No bundles had been filed and there was no evidence on which the tribunal could properly proceed in the absence of the claimant (and the respondent.)[6]The tribunal office had received no correspondence from either party to explain the non-attendance.[7]The tribunal took account of the information available and made practicable enquires into the absence of the parties.