A Iqbal v Q12 PJ Ltd: 6044068/2025
JUDGMENT
The Claimant’s claim is dismissed under rule 47 of the Employment Tribunal Procedure Rules 2024 due to his non-attendance at the hearing on 19 June 2026.REASONS
[1]The claimant failed to attend the scheduled hearing, having been properly notified in advance by a notice of hearing on 21 January 2026.[2]Rule 47 of the Employment Tribunal Procedure Rules 2024 provides; “If a party fails to attend or to be represented at the 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.”[3]I reviewed the history of this claim. The claim was originally commenced by Mr Iqbal on 29 November 2025. The respondent failed to provide to response and so on 12 May 2026 the Tribunal wrote to the claimant informing him that a judgment could now be issued in his favour. Mr Iqbal was asked to quantify his claim as he had failed to particularise his loss in his ET1 claim form.[4]Mr Iqbal replied on 12 May 2025 as follows, “I used to work 25 hours a week in a Papa John’s they didn’t pay me my two weeks wages and I was at delivery driver and he didn’t pay my delivery money as fired which I work for two weeks and I am asking for the notice period pay because he didn’t tell That he’s closing the store or didn’t give any notice one day before I went to shift and next day the store was closed that’s why I’m asking for the notice period. Pay I have evidence of messages which I am asking for the area engineer owner about my wages and the owner was replying that I will he was in India at that time, when I was asking, it was saying I will come back and check with Latif then I will get back to you when he came back here it turned his number (sic)”. That information was obviously not sufficient to identify the actual loss suffered by Mr Iqbal.[5]On 1 June 2026 the Tribunal wrote to Mr Iqbal in the following terms, “The claimant's reply to the tribunal correspondence dated 12 May 2026 is noted, however it does not contain all of the information required. The claimant is re-directed to our correspondence and is asked to provide the specific information requested in points 1 to 6. Unless we receive this information from you by 08 June 2026, if you wish to pursue your claim, you will need to attend the hearing on 19 June 2026 to give evidence.”[6]Mr Iqbal did not respond to the Tribunal’s letter of 1 June 2026. He also failed to provide a written witness statement or provide any evidence to the Tribunal despite orders having been made for the same on 21 January 2026. Mr Iqbal also failed to attend or be represented at today’s hearing.[7]I asked my clerk to telephone Mr Iqbal today to ascertain whether he intended to attend the hearing. She phoned his mobile telephone, but her call went unanswered. A voice message was left for Mr Iqbal asking him to contact the Tribunal, but contact was not made by him within a reasonable timeframe.[8]I also had regard to the interests of justice and that the Tribunal has a duty to save costs, resources and the public purse. In the circumstances I considered it to appropriate and proportionate with the overriding objective to exercise my discretion to dismiss the claim pursuant to rule 47. Approved by: Employment Judge McTigue Dated: 19 June 2026 ...20 June 2026.................... For the Employment Tribunal .............................................. Notes All judgments (apart from judgments under Rule 51) and any written full reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunaldecisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practicedirections/