Not present or represented For the v Not present or represented, and having failed to enter a response the claim being undefended — 2019

The respondent entered no response and the claim was undefended, but the claimant did not attend the hearing listed for 3 March 2020. The tribunal waited until 10.10am, confirmed that notice of the hearing had been sent to the claimant's correct address and by email on 2 March 2020, and found that the claimant had been properly served. It also found that the claimant had not notified the tribunal that he would not attend and had not lodged written representations.

Having checked the file, the tribunal noted that the claimant had not complied with a case management order requiring evidence and supporting documentation. On that basis, and because the material before it was insufficient to assess the extent of the claim and make an award in the claimant's favour, the tribunal concluded that dismissal was appropriate under Rule 47 of the Employment Tribunal Rules of Procedure 2013.

The reasons also record that the wages claim went back to 23 May 2016, which the tribunal said was beyond the two-year limitation period when counted back from the issue of the claim on 30 September 2019 under section 24(4A) and (4B) of the Employment Rights Act 1996. The judgment therefore dismisses the claim and records no monetary award.