Mrs L Kocovska v Synergy Recruitment Consultancy Ltd: 3303415/2020
JUDGMENT
[1]The name of the respondent is amended to that as shown above[2]The Claimant’s claims of unlawful discrimination, and non-payment of pay are dismissed.REASONS
[1]In her claim form to the tribunal the claimant, Mrs L Kokovska, complains of unlawful maternity discrimination, a failure to pay notice pay and a failure by the respondent to make other payments.[2]The claims are resisted by the respondent.[3]A notice of hearing for a case management, closed preliminary hearing, was sent to the parties. It was sent to the claimant at the address shown on her claim form. It was not returned as undelivered.[4]The parties were notified of the change of time today’s hearing from 10 AM to 2 PM and a message was left on the claimant’s answerphone.[5]At 2 PM today, I telephoned the claimant and the respondent using the conference calling facility made available by the tribunal. There was no response at 2 PM nor again at 2:10 PM nor at 2:20 PM. Case Number: 3303415/2020[6]I telephoned the Tribunal office during the afternoon to check to see whether any message had been received from the claimant or any reason given as to why she was unable to attend.[7]Mr Keeble, who appeared for the respondent, told me that correspondence had been sent to the claimant recently with an agenda and draft list of issues and there had been no response to this correspondence. He added that there had been no previous contact following the submission of the response form.[8]I considered the provisions of rule 47 of the Employment Tribunal Rules of Procedure in which the tribunal may dismiss the claim in the absence of a party but 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 parties absence. I am satisfied that appropriate enquiries have been made. In the absence of any explanation for non-attendance the claims are dismissed.[9]The claimant, should she so wish, is able to apply for a reconsideration of this decision under rule 70 giving reasons in writing within 14 days.