A Patel v R Bi: 6000273/2023
JUDGMENT
The complaints of unfair dismissal, unauthorised deductions from wages and breach of contract are struck out.REASONS
[1]By a letter dated 18 May 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaints of unfair dismissal, unauthorised deductions from wages and breach of contract should not be struck out because those complaints had no reasonable prospect of success owing to the named respondent not being the claimant’s employer.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaints of unfair dismissal, unauthorised deductions from wages and breach of contract are therefore struck out.[3]The claimant’s remaining claim(s) remains listed for a preliminary hearing on 5 July 2023. Employment Judge Bright 5 June 2023 Case Number: 6000273/2023 1 EMPLOYMENT TRIBUNALS Claimant: Miss A Patel Respondent: Rakhmat Bi HELD by Cloud Video Platform (CVP) at Leeds ON: 5 July 2023 BEFORE: Employment Judge Shulman REPRESENTATION: Claimant: Did not appear and was not represented Respondent: Mr T Fuller, Chartered Legal Executive[1]The claimant did not appear at the appointed time and date for the hearing at 10.00am on 5 July 2023. The claimant was given 15 minutes to appear. The claimant did not appear in those 15 minutes.[4]The clerk telephoned the claimant’s telephone number which was in her claim form and there was no reply. This was done twice.[5]The claimant had failed to appear at a case management hearing on 2 June 2023. Case Number: 6000273/2023 2[6]In paragraph 2 of the case management orders for 2 June 2023 the Judge warned the claimant of the consequences of failure to attend hearings.[7]The claimant sent an email to the Tribunal on 9 June 2023 explaining why she did not attend on 2 June 2023, but the email did not give any explanation as to her intentions to attend on 5 July 2023 and nothing has been heard from her since.[8]In accordance with the powers that I have under Rule 47 of the Employment Tribunal Rules of Procedure and considering any information which is available to me and after any enquiries that may be practicable about the reasons for the claimant’s absence I dismiss the claimant’s claims which remain.[9]I invited the respondent to make further representations which Mr Fuller did not.