Mrs C Kidd v T Woodman: 8000376/2024
JUDGMENT
The Judgment of the Tribunal is that the claim is dismissed in accordance with Rule 47 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 as amended. E.T. Z4 (WR)REASONS
[1]The claimant lodged complaints of direct sex discrimination, holiday pay, arrears of pay and other payments.[2]The respondent has not entered a response to the claim and did not appear at the hearing.[3]The claimant did not appear at the hearing which was due to start at 10.00am. At 10.05am, the clerk to the Tribunal telephoned the claimant and left a voicemail for her to either call or email the Tribunal and provided the relevant contact details. By 10.30am the claimant had not contacted the Tribunal.[4]As the claimant failed to attend, or be represented at the hearing and enquiries were made which the claimant did not respond to, the Tribunal decided to dismiss the claim.[5]In reaching this view, the Tribunal took account of the following factors.[6]The claimant did not attend a Final Hearing on 30 May 2024 and the Tribunal issued a strike out warning to the claimant on the grounds that the claim has not been actively pursued in terms of Rule 37 (1) (d) of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 as amended.[7]Although the claimant confirmed on 3 June 2024 that she wished to pursue her claim and requested a new hearing date, she sought and was granted a postponement of the subsequent Final Hearing date listed for 19 September 2024 on the day of the hearing because she had not responded to the Standard Orders issued by the Tribunal on 11 June 2024.[8]On 19 September 2024 the Tribunal wrote to the claimant informing her that the Final Hearing was rescheduled for today. On the same date the Tribunal wrote to the claimant requesting that she provide the Tribunal with all the documents she wished to rely on at the Final hearing in order that these could be provided to the Employment Judge and Tribunal Members at the earliest opportunity.[9]Since 19 September 2024, the claimant has made no contact with the Tribunal.[10]For these reasons, the claim is dismissed. R Sorrell