Ms L Kelly v Kashmit Singh Lalli: 4100606/2017
JUDGMENT
Glasgow on 23 August 2017 at 11am The Claimant being neither present nor represented at a point 1 hour after the time set for Hearing and there being no answer on the telephone number furnished by the Claimant for the purposes of the Tribunal communicating with her and the Claimant not having otherwise communicated with the Tribunal; on the Respondent’s application made at the Bar, the Tribunal dismisses the claim in terms of Rule of Procedure 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.REASONS
[1]The case called for Final Hearing at Glasgow on 23 August 2017 at 10am. The Respondent was in attendance and ready to proceed to Hearing.[2]There was no appearance for on or behalf of the Claimant.[3]The case file records that Notice of the date and time set down for Hearing was sent to both parties on 30 June 2017 respectively at the postal addresses provided by them to the Employment Tribunal for the purposes of receiving such communications. No return of the Notice of Hearing issued to the Claimant has been received by the Tribunal.[4]On the sitting Judge’s directions the Clerk checked and confirmed that no contact had been made by the Claimant with the Tribunal in connection with the Hearing.[5]On the sitting Judge’s direction the Clerk attempted to communicate with the Claimant on the telephone number provided by the Claimant for that purpose, on several occasions between 10am and 11am.[6]The Tribunal sat at 10.30am and then adjourned and sat again at 11am to afford the Claimant the opportunity to attend (though late) or to communicate with the Tribunal regarding her non-attendance.[7]At 11am and on the assumption that by her unexplained non-attendance the Claimant sought to communicate an intention not to insist upon her claim, and on the Respondent’s other application. The Tribunal dismissed the claim in terms of Rule of Procedure 47.[8]If the Tribunal is wrong in that assumption it will be open to the Claimant to consider proceeding by way of Application for Reconsideration of the Judgment.