Damian Rzezniczak v Torbay and South Devon NHS Foundation Trust — 2024

By ET1 dated 18 January 2024, Damian Rzezniczak pursued claims for notice pay, arrears of pay and sick pay. The respondent said the claims were poorly particularised and denied them. A telephone preliminary hearing was listed for 12 July 2024, with notice sent to the email address identified on the ET1 and an agenda required seven days before the hearing. The claimant did not file an agenda, did not contact the Tribunal to say he could not attend, and did not appear at the hearing.

At the hearing, the respondent invited dismissal under Rule 47. The Employment Judge considered the available information about the claimant's absence, including the Tribunal file and the lack of any contact from the claimant after the notice was sent. The judge noted that alternatives such as a strike out warning or an unless order were possible, but concluded that there were good reasons to dismiss because the claimant had not engaged, the respondent had incurred expense, delay would follow, Tribunal time had been wasted, and the unparticularised claim would continue to burden the respondent.

The tribunal therefore exercised its discretion to dismiss the claim under Rule 47. The decision was procedural only and did not determine the underlying merits of the notice pay, arrears of pay or sick pay complaints. No monetary award was made.