Mr M Karama v Tempest Rentals (Stickney) Ltd: 3309686/2023
JUDGMENT
[1]The claims for breach of contract (for notice pay, holiday pay and other payments) are dismissed under Rule 47.REASONS
[1]Rule 47 to Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 states: ‘If a party fails to attend or be represented at the hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. 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 party’s absence.’[2]On 21 December 2023 the notice of hearing for case number 3309686/2023 was sent to parties. On 12 February 2024 the Tribunal sent CVP instructions for the parties to access the hearing. On 13 February 2024 the Tribunal 3309686/2023 attempted to call the Claimant and there was no response. The Respondent did not provide the Tribunal with a phone number (an email address was provided but no response was received from the same when the clerk attempted contact.) The Claimant had not informed the Tribunal that he was either unable or unwilling to participate in the hearing. Accordingly, I dismissed all claims against the Respondent under Rule 47.