L Carter v Challenge-trg Recruitment Ltd: 3302797/2023
JUDGMENT
[1]The claim is dismissed.REASONS
[1]EJ Anstis made an order on 18 August 2023 that the claim would stand dismissed on 8 September 2023 without further order unless before that date the claimant explained in writing why the claim should not be dismissed. It appeared that the claim was for unfair (constructive) dismissal, but the claimant did not have the necessary two years’ service to bring such a claim.[2]A response was received from the claimant on 21 August 2023.[3]Notice of today’s hearing was sent to both parties on 16 November 2023. The purpose of the hearing was to decide if any claim should be permitted to proceed. If any part of the claim was permitted to proceed, case management orders would be given.[4]The claimant did not attend the hearing today.[5]Rule 47 provides that if a party fails to attend or to be represented at a 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 10.2 Judgment - rule 61 February Case No:3302797/2023 absence.[6]The claimant’s ET1 did not provide a phone number. Mr Brill did not have a phone number for her. So it was not possible to attempt to ring her. The clerk emailed the claimant at 10:12 in an effort to make contact. Previous emails from the claimant were reviewed, but none were found after the notice of hearing was sent on 16 November 2023.[7]I waited until 10:30. There had been no response to the clerk’s email of 10:12.[8]Despite having made the enquiries that were practicable, there was no information about the reason for the claimant’s absence, so I dismissed the claim.