Mr C Williams v Swansea Sand & Gravel Limited — 2022

Mr C Williams did not attend the hearing on 30 June 2022 and no communication had been received from him to explain his absence. His Newport CAB representatives came off record the day before after unsuccessful attempts to contact him by telephone, email and letter. The tribunal was satisfied that he had notice of the hearing and that he had chosen not to attend or participate, so it dismissed the claim under Rule 47 of the Employment Tribunals Rules of Procedure 2013.

Mr S Morgan attended for Swansea Sand & Gravel Limited and said the claim had been brought against the wrong business, stating that the claimant's contract was with SA Morgan Transport, a haulage business run by him, rather than the respondent. He also said that all aspects of the claimed loss were rejected and that no monies were owing to the claimant. The tribunal considered whether the matter should instead be struck out under Rule 37 on the basis that the wrong respondent had been named, but it did not strike out the claim because, although Mr Morgan said he had raised the point with CAB and ACAS, no documentary evidence was produced to support that assertion.

The judgment does not record any merits findings on the underlying employment claims and no monetary award was made. The decision was procedural only: dismissal for non-attendance under Rule 47, with the separate strike-out issue noted but not pursued in the absence of supporting evidence.