Mr E Lacatus v The Metal Recycling Group Ltd (In Creditors Voluntary Liquidation): 6040494/2025

EMPLOYMENT TRIBUNALS
Case No 6040494/2025
Between
Mr E LacatusClaimantThe Metal Recycling Group Limited (in Creditors Voluntary Liquidation)Respondent
Before
Employment Judge M BrewerNot represented for claimantNot represented for respondentDate 24 March 2026

JUDGMENT

[1]The claimant’s claim for unfair dismissal is dismissed.[2]Pursuant to Rule 47 of the Employment Tribunal Procedure Rules 2024: 2.1. the claimant’s claim for wages is dismissed. 2.2. the claimant’s claim for unpaid notice pay is dismissed. 2.3. the claimant’s claim for unpaid accrued untaken holiday pay is dismissed. 2.4. the claimant’s claim under section 30, Employment Act 2002 is dismissed.

REASONS

[3]This case was listed for a final hearing commencing at 10.00 am today. 1 of 3[4]No response had been received from the respondent which is not surprising given their status. However, it was expected that the claimant would attend.[5]The claimant had not arrived at the hearing by 10.30 am.[6]The claimant had provided no documentation in advance of the hearing. He had not provided a witness statement.[7]I am satisfied that all relevant documentation had been correctly served on the claimant at the address he gave in his claim form.[8]Section 108 of the Employment Rights Act 1996 states: 108 Qualifying period of employment. (1) Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years ending with the effective date of termination.[9]At the effective date of termination, the claimant had been employed for around 16 months. In the circumstances he does not qualify to bring a for unfair dismissal and that claim. Is dismissed for that reason.[10]Rule 47 of the 200 Rules is as follows: Non-attendance 47. If a party fails to attend or to be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it must consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.[11]The claimant failed to attend today without any communication to the Tribunal and in the circumstances I have dismissed his claims under Rule 47.