Mr Villiers v Barton Jones Packaging Ltd: 3307579/2023
JUDGMENT
[1]The Employment Tribunal does not have jurisdiction to hear the claimant’s claim for unfair dismissal and it is dismissed.[2]The remainder of the claimant’s claims are dismissed under Rule 47 Employment Tribunal (Constitution and Rules of procedure) Regulations 2013 (The Rules).REASONS
[3]S108 Employment Rights Act 1996 requires a claimant to have not less than two years’ continuous service to make a claim for unfair dismissal. The claimant does not, on the basis of the ET1 submitted, have the required two years of continuous service to make such a claim. The claim cannot therefore proceed and is dismissed.[4]The claimant did not attend the public preliminary hearing listed today via CVP. His mobile number was called but the call was terminated by the person answering and subsequent calls were redirected to an answerphone.[5]The claimant did not attend the first preliminary hearing and has not responded to any correspondence from the Tribunal which has been sent to him both by email and by post to the addresses listed in the ET1. In addition, the claimant has not responded to any correspondence sent to him by the respondent. PHCM Order (NEW August 2020) 1 of 2 August 2020 Case Number: 3307579/2023[6]The claim or claims as set out in the ET1 is/are vague and unspecified and it is not possible to proceed to deal with the case in the claimant’s absence.[7]In all the circumstances and bearing in mind the overriding objective, I dismiss the case under Rule 47.[8]If the claimant had a genuinely good reason for not attending (whether in person or by a representative) the hearing of 8th March 2024, then he can apply for a reconsideration of my above judgment under Rules 70 and 71 of the Rules.[9]However, even if he puts before me cogent evidence to show why he did not attend the hearing, in order to persuade me that the interests of justice require the revocation of my above judgment, he will have to say, precisely, on what basis he asserts that he is entitled to bring each and every claim and the full details of those claims. If he does not, an application for reconsideration will be likely to have no chance of success and will therefore be liable to be dismissed.