Miss R Leaming v LA Community Care: 6022827/2024
JUDGMENT
[1]The Claimant’s claim is dismissed under Rule 47 of the Employment Tribunal Rules of Procedure.REASONS
[2]This was a final hearing (via CVP) to decide the Claimant’s complaints of unauthorised deduction from wages, and breach of contract (notice pay) against the Respondent. The Claimant did not attend the hearing. The Claimant’s claim was dismissed under Rule 47 of the Employment Tribunal Rules of Procedure 2024 on the grounds that the Claimant failed to attend or be represented at the hearing.[3]The Claimant received the Notice of Hearing dated 11 March 2025 via the Portal. The Notice of Hearing contained the standard directions in relation to the disclosure of documents, and the provision of documents and evidence to the Tribunal. No response to the claim was received from the Respondent and a Rule 22 letter was sent to the Respondent and the Claimant. On 9 March 2025 the Tribunal sent a Claim not Quantified letter to the Claimant requesting information from the Claimant by 16 May 2025. No reply was received. The letter informed the Claimant that if she did not send the requested material to the Tribunal by 16 May 2025 she would need to attend the listed hearing on 20 June 2025. A reminder letter was sent to the Claimant by the Tribunal on 9 June 2025.[4]The last communication the Tribunal received from the Claimant was the Claimant’s ET1 which was received on 21 December 2024. Case Number: 6022827/2024[5]The Claimant did not inform the Tribunal that she was not attending the hearing. No application to postpone was received by the Tribunal. On 20 June 2025 at 0957 given the absence of the Claimant from the CVP waiting room the Tribunal clerks telephoned the Claimant’s telephone number, which was not answered, and also emailed the Claimant to remind her of the hearing starting at 1000. The hearing commenced at 1001. Given the non-attendance of the Claimant, the hearing was adjourned, and at 1005 the Tribunal clerks again attempted to make contact with the Claimant using the telephone number she had provided to the Tribunal in her ET1 form. The call was not answered and the clerks left a voicemail for the Claimant to remind her of her hearing. The hearing was then adjourned to provide time for the Claimant to listen to the voicemail or read the email and join the hearing.[6]The Tribunal clerks sent a further email, and also telephoned the Claimant and left an additional voicemail to the Claimant at 1030 requesting that she join the hearing as a matter of urgency. No replies, or bounce backs were received to any of the Tribunal’s emails, or calls. The hearing was further adjourned to provide the Claimant with further time to join the hearing. The Claimant failed to join the hearing, and the Tribunal ended the hearing at 1044.[7]In making the decision to dismiss the Claimant’s claim under Rule 47 the Tribunal also took into account the fact that the Claimant had failed to comply with the orders contained within the Notice of Hearing dated 11 March 2025, and did not reply to the Tribunal’s correspondence. It therefore appeared to the Tribunal that the Claimant no longer wished to pursue her claim.[8]The Tribunal therefore decided it was consistent with the overriding objective to dismiss the claim under Rule 47.