Mr Gaydu v Independent Living Alternatives: 3305914/2021
JUDGMENT
The Claimant’s claims for a statutory redundancy payment and for notice pay are not well founded and are dismissed. These proceedings are dismissed.REASONS
[1]This 1 day final hearing by video was listed to determine this case. The Claimant has not attended today’s hearing. Rule 47 Employment Tribunal Rules of Procedure 2013 explains that if a party has not attended (or been represented at) a hearing I may dismiss the claim or proceed in the absence of that party. I have considered the documents that are available to me, and the clerk has checked for any communications from the Claimant; there has been no correspondence from the Claimant.[2]Ms Jannaway and Mr Kashmiri have undertaken a lot of preparation for today’s hearing. They have complied with the case management directions and have provided a file of documents and a number of witness statements. I understand the Claimant has not complied with the case management directions – he has not provided any documents or witness statements to the respondent or the tribunal.[3]I have decided to continue this hearing in the absence of the Claimant. Having considered the documents, I note the Claimant appears to be trying to seek a statutory redundancy payment and notice payment. There appears to be two fundamental flaws to these claims: Case No: 3305914/2021a. the Claimant appears to have resigned from his position with the Respondent – a person is only entitled to notice pay and/or a redundancy payment if they have been dismissed by their employer; andb. the Claimant was not an employee of the Respondent – only an employee is eligible to claim a statutory redundancy payment and/or a payment if they have not been provided statutory minimum notice of the termination of their employment.[4]If the Claimant wishes to apply for me to reconsider this decision, he should write to the Respondent and Tribunal within 14 days of this Judgment being sent to him, explaining:a. Why they have not complied with the case management directions;b. Why they did not attend today’s hearing; andc. Why it is in the interests of justice for me to reconsider this judgment?