Mrs H Macbeath v Grandview House Ltd (In Administration): 4102905/2022
JUDGMENT
The Judgment of the Tribunal is that the claim is dismissed.REASONS
[1]The claimant, Haley Macbeath, brought claims of breach of contract (notice pay) and for a protective award. The claim was not defended. The E.T. Z4 (WR) respondent Company is in administration. The necessary consent to proceed with the ciaim was obtained from the Joint Administrator.[2]The Tribunal advised the claimant by letter on 21 April 2023 that her case would be listed for a Final Hearing by video (“CVP”) for 3 hours and that she would be required to give evidence. On 25 April 2023, a Notice was sent to the claimant to advise her that the Final Hearing would take place on 23 June 2023 with a Wam start.[3]The Tribunal sent an e-mail to the claimant on 27 April 2023 to remind her that she should send to the Tribunal, no later than 4 weeks before the Hearing, copies of any documents she wished to refer to at the Hearing. As there was no response from the claimant a reminder was sent to her by email on 9 June.[4]There was still no response from the claimant and nor did she respond to requests from the Tribunal to make contact to prepare for the CVP Hearing.[5]The case duly called for Hearing on 23 June. However, the Tribunal’s “CVP Team” were unable to make contact with the claimant. When attempting to phone her, on a number of occasions, the calls went straight to voicemail.[6]I waited until 1020 but there was still no contact with the claimant and she had made no contact with the Tribunal by either telephone or e-mail to explain why she had not attended the Hearing.[7]With reference to Rule 47 in the Rules of Procedure, the claimant had failed to attend or to be represented at the Hearing. I was satisfied that she had been advised that the Hearing would proceed by way of CVP on 23 June. There was nothing to suggest that she was unable to attend. I am satisfied that all practicable enquiries were made to establish why the claimant had not attended. However, there had been no contact with her for some months.[8]In all these circumstances. I decided to dismiss the claim.