Mr S Jenkins v Pureshare Ltd – in Creditors’ Voluntary Liquidation and 1 other — 2023

The Tribunal dismissed the claims under Rule 47 of the Employment Tribunal Rules of Procedure because neither the Claimant nor a representative attended the hearing. The judgment records that the Claimant and his former representative had been properly notified of the hearing, and that lack of funds was not accepted as a reason for failing to attend.

The Tribunal contacted the Claimant more than once on the day of the hearing, but he did not respond in time. It also recorded that the Claimant had failed to comply with case management directions and had not provided evidence on the two matters before the Tribunal, apart from one document that raised concerns requiring further evidence or oral examination.

The Claimant later called the office after the hearing and said he was not prepared for it. The Tribunal held that this did not excuse his failure to attend or provide evidence as directed, and stated that the decision to dismiss the claims under Rule 47 would not be reconsidered on that basis because it had no prospect of success.