P Squire v Fishmongers Tavern: 3301716/2024
JUDGMENT
The claims are struck out.REASONS
[1]The Claimant claimed that he was unfairly dismissed, had not received tips and was owed holiday pay. He claimed that he had not received payslips. He made other claims about matters where the Employment Tribunal does not have jurisdiction.[2]The Claimant was employed for less than two years, and so cannot bring a claim for unfair dismissal (he mentioned nothing that could be a claim for unfair dismissal under one of the exceptions to that general rule).[3]On 10 September 2024 the Tribunal sent the Claimant a strike out warning, for this reason.[4]The Claimant has not engaged with the Employment Tribunal since, nor with the Respondent.[5]The claims for non-payment of tips and for holiday pay are unparticularised.[6]I strike out the claim of unfair dismissal for want of jurisdiction (that is because 10.7 Judgment with reasons – rule 62 Case No: 3301716/2024 the Claimant was employed for less than two years).[7]I strike out the remainder of the claims 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.[8]I record that there is no information available about the reasons for the Claimant’s absence. I enquired of the clerk as to whether there was anything on the Employment Tribunal file and there was not. I enquired of Mr Weston who said that his calls to the Claimant went unanswered, and that he had asked Acas and they said they had not been able to contact him either.[9]I note that the Claimant obtained other employment after a week or so. I note that Mr Weston said that he had resolved the Claimant’s issue with payslips and reporting of income to HMRC and it seems to me likely that given these factors and the strike out warning in respect of the claim of unfair dismissal the Claimant has lost interest in pursuing a claim.