Mr L Pieniazek v K B Corby Ltd and Barker’s (Cambridge) Ltd: 3313774/2023
JUDGMENT
[1]The claim against both respondents is dismissed under rule 47 as the claimant failed to attend the hearing.REASONS
[2]Neither party attended today’s hearing. On 12 December 2024 the claimant emailed the Tribunal and said: “I will not be attending the hearing as I don't have proof that I was employed by Barkers. I have found a copy of my old contract with Hospitality Management which was my employer when I worked at Barkers and I will pursue my case in civil court against them.” In other words the claimant was saying he intended to pursue a claim against an entity that was not a respondent to this case. He sent another email yesterday politely explaining again that he did not intend to attend this hearing.[3]In the circumstances I did not consider that the claimant’s emails could, quite, be treated as unequivocal withdrawals of the claim. I therefore did not exercise my power to dismiss the claim under rule 51. It did however seem entirely appropriate to me to exercise my power to dismiss the claim under rule 47. Case No: 3313774/2023 Approved by: Employment Judge Dick 14 February 2025 8 March 2025 ................................................................ ................................................................ Notes All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employmenttribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice-directions/