Mr L Csoka v Hayes Specialist Recruitment Ltd: 3305358/2020
JUDGMENT
The claimant failed to attend the hearing and his claim is dismissedREASONS
[1]The Claimant was a temporary worker registered with the Respondent and placed at the University of East Anglia in a cleaning role. He was furloughed under the Coronavirus Job Retention Scheme with effect from 28 March 2020. He filed a claim for arrears of pay on 8 June 2020.[2]The claim was set down for a hearing on 8 February 2021 and case management orders were issued on 24 October 2020. To date, despite reminders from both the Tribunal and the Respondent, the Claimant has not complied with case management orders. No evidence has been filed and the Claimant did not engage with Respondent over the contents of the bundle.[3]By way of a letter dated 19 November 2020 the Respondent sought a strike out of the claim. The Tribunal contacted the Claimant on 3 January 2021 asking for his comments on the application. The Claimant did not respond.[4]On 5 February 2021 EJ Hyams wrote to the parties noting that the hearing would go ahead on 8 February 2021 when, if necessary, consideration would be given to whether the claim should be struck out.[5]The Claimant did not attend the hearing on 8 February 2021. The hearing was adjourned for fifteen minutes whilst the Tribunal sought to contact the Claimant. He did not answer his phone and a message was left for him. An email was also sent. The Claimant did not join the reconvened hearing at 10.15am.[6]Ms. Meredith for the Respondent asked the Tribunal to dismiss the claim under rule 47, schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the basis of the Claimant's nonattendance, noting that the Claimant had failed to comply with orders throughout the proceedings, had notice of the hearing and also that his claim had little or no prospect of success. In the alternative Ms. Meredith sought a strike out of the claim under rule 37 due to the Claimant's noncompliance, not having actively pursued his claim, and on the ground that the claim had no real prospects of success.[7]Having considered the bundle of documents provided by the Respondent, which included both the Respondent's and the Tribunal’s correspondence with the Claimant, the claim is dismissed under rule 47, schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 due to the Claimant's failure to appear at the hearing. The Claimant was notified of the hearing on 24 October 2020 and again on 5 February 2021 in a letter sent by email. There is evidence that the email address used was active as recently as January 2021 as the Claimant has emailed the Respondent in response to its emails seeking to explain payments made to him. The Tribunal contacted the Claimant at the outset of the hearing by telephone and again by email but there was no response. The Claimant has, in addition, failed to comply with case management orders or to file any evidence in support of his claim.[8]An application for costs from the Respondent was refused. An award of costs is the exception in the Employment Tribunal and whilst the Claimant did not attend the hearing, I am not persuaded that this meets the threshold for an award under the Employment Tribunal Rules.