Miss L Curling v Tantrum Hair Extensions Ltd: 3312744/2019
JUDGMENT
The claim is dismissed.REASONS
[1]In a claim form presented on the 19 March 2019 the claimant alleged that she was owed holiday pay and arrears of pay, the sum claimed was not quantified. In a response dated 1 May 2019 the respondent denied the claimant’s claims stating that she had been paid all sums due to her.[2]The case was listed for hearing on the 13 February 2020. The parties were required to send each other a list of the documents they wished to rely on at the hearing by 2 August 2019, and then send each other copies of their witness evidence by the 4 September 2019.[3]On the 11 February 2020 an email was received by the employment tribunal from the respondent stating that its representative was “very sick and unable to attend” and asking for a postponement. The application as considered by EJ Vowles who asked that the respondent provide copies of the medical evidence to support the postponement. The respondent did not provide any further medical information and did not attend at the hearing.[4]The claimant did not attend at the hearing. The last, and only, communication by the claimant to the employment tribunal was on 19 March 2019 when the claim form was presented. (J) Page 1 of 2 Case Number: 3312744/2019[5]Rule 47 of the Employment Tribunals Rules of Procedure 2013 provides that: “If a party fails to attend or to 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.”[6]In the circumstances, the claimant having failed to attend, the claimant’s unquantified claim being contested, the respondent not attending in the circumstances described, and having considered the information which is available, I dismiss the claim.