Miss T Jabeen v CM community care services Ltd — 2022

The claim was listed for a final hearing on 20 June 2023 to determine the claimant’s holiday pay claim. The claimant did not attend. The respondent attended but was not represented. The tribunal noted that notices of hearing, a reminder, and joining instructions had been sent, and that the clerk made two unsuccessful telephone attempts to contact the claimant after the hearing had started.

Applying Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and the overriding objective in Rule 2, the tribunal was satisfied that practicable enquiries had been made about the claimant’s absence. No information was available explaining why she was absent. The tribunal therefore had the option either to dismiss the claim or proceed in her absence.

The tribunal also noted that the claimant bore the burden of proving her loss, but had not complied with a case management order requiring a schedule of loss and supporting statements. The claim form did not specify the dates of the holiday said to be unpaid, and the claimant had not quantified the amount claimed. On that basis, the tribunal concluded there was insufficient evidence to determine the claim in the claimant’s absence and dismissed it.