C Robinson v Abacus Taverns Ltd (In Voluntary Liquidation): 3302812/2024
JUDGMENT
The claim is dismissed pursuant to rule 47 of the Employment Tribunal Procedure Rules 2024.REASONS
[1]Neither the claimant nor a representative for the respondent attended the CVP video final hearing on 27 January 2026 at 10am.[2]At the start of the hearing I had available to me the Tribunal correspondence file. The claimant and the respondent received notice of this hearing on 16 May 2025. That notice of hearing explained the purpose of the hearing and summarised what parties were required to do in preparation for this hearing. By separate Tribunal letter dated 16 May 2025 the claimant was ordered to provide information quantifying his monetary claims. The claimant has not responded to this order or provided any information since submitting his claim.[3]I note from the Tribunal file that on 17 October 2025 the insolvency practitioners representing the company wrote to the Tribunal stating the respondent company is closed and would be dissolved in around 3 months time. In these circumstances the Tribunal would not expect the practitioner to attend a hearing. I checked Companies House records for the respondent; the company was dissolved on 13 January 2026. This means it no longer exists and the claimant may not continue with his claim unless the respondent is restored to the Register of Companies. Any application to restore the company to the Register must be made to a Court and not to the Tribunal.[4]As the claimant did not attend the hearing as directed, I asked the Tribunal clerk to telephone the claimant on the mobile phone number stated on his ET1. He did not answer the call. By 10.20am the claimant had still not attended the hearing.[5]Having complied with the requirement under rule 47 of the Employment Tribunal Procedure Rules 2024 (stated in full below) to make practicable enquiries (by telephone and email), I considered any relevant information before me in order to determine whether to dismiss the claim or proceed with the hearing in the absence of that claimant. “47. 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 must consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence”[6]I find that the claimant is not engaging with these proceedings. I conclude that the claim is not actively pursued. The claimant has not replied to any of the Tribunal’s correspondence, nor attended the hearing. The Tribunal has not received any correspondence from him since he filed his claim on 4 March 2024.[7]Therefore, I consider it fair in all the circumstances before me at this time to dismiss this claim following the claimant’s non attendance. Approved by: