No attendance For the v Ms N Day (assistant general manager) — 2022

The claimant presented claims of unfair dismissal, age discrimination and unpaid wages on 10 February 2022. The tribunal recorded that he had given employment dates of less than four weeks in December 2021 and that there had been no contact from him on the file since the claim was lodged. The hearing on 26 July 2022 was a preliminary hearing before Employment Judge JM Wade, conducted by telephone in Leeds, and the claimant did not attend and was not represented.

Ms N Day attended for the respondent by telephone. She said the Canal Club opened in December 2021, believed the claimant was in his first job, and said there had been issues with a clocking-on system. She believed that all pay due to the claimant had been paid in the payroll run after the first letter. She also said Frontier Inns Limited paid those who worked at the Canal Club. No response forms had been filed by the respondents, although the tribunal had previously directed that the case was not appropriate for a Rule 21 judgment.

The clerk tried to contact the claimant on the day of hearing, but the call went to voicemail. Judge Wade noted that the non-attendance might reflect something untoward, but considered it more likely that the claimant had abandoned the claim. In all the circumstances, the tribunal dismissed the claim under Rule 47 for failure to attend or be represented, and noted that any application for reconsideration would need to explain the failure to attend.