Case 1306059/2019 · Employment Tribunal
Mr Michalik v HRB Hotel Company Limited — 2019
- Case reference
- 1306059/2019
- Decision date
- 22 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Kelly JUDGMENT
- Venue
- Birmingham
Parties
2 namedClaimant
Mr Michalik
Respondent
Key findings
Tribunal's reasoningMr Michalik did not attend the hearing at Birmingham on 22 November 2019. The tribunal considered whether to dismiss the case, proceed in his absence, or adjourn. It made enquiries about his absence, including calling the telephone number on file; there was no response or facility to leave a message, and the ringing tone suggested the phone was abroad.
The respondent told the tribunal that it had emailed the claimant the draft list of issues the day before and had received no indication that he did not intend to attend. The tribunal waited until 2.30 pm, although the hearing was due to start at 2.00 pm, before deciding what to do.
The tribunal concluded that the claimant had acted unreasonably in failing to attend the hearing. Applying rule 47 and the overriding objective, and referring to the need to avoid delay and save expense, it dismissed the claims. No findings on the substantive merits of the pleaded claims were made.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Dismissed on the claimant's non-attendance; the tribunal did not determine the merits of the contract claim. | Dismissed | — | — |
| Race discrimination | Dismissed on the claimant's non-attendance; the tribunal did not determine the merits of the discrimination claim. | Dismissed | Race | — |
| Redundancy | Dismissed on the claimant's non-attendance; the tribunal did not determine the merits of any redundancy-related claim. | Dismissed | — | — |
| Unfair dismissal | Dismissed on the claimant's non-attendance; the tribunal did not determine the merits of the unfair dismissal claim. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed on the claimant's non-attendance; the tribunal did not determine the merits of the wages claim. | Dismissed | — | — |
| Working time regulations | Dismissed on the claimant's non-attendance; the tribunal did not determine the merits of any working time claim. | Dismissed | — | — |
Legal tests applied
2 references- rule 47
- overriding objective
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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