Case 1800724/2022 · Employment Tribunal
No attendance For the v Mr Earp, director — 2022
- Case reference
- 1800724/2022
- Decision date
- 7 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge JM Wade
Parties
2 namedClaimant
No attendance For the
Respondent
Key findings
Tribunal's reasoningMiss Bethany Murch brought claims described in the judgment as notice pay, other payments, and wrongful information within employment process. The tribunal said the claims were unclear in their legal footing and that it had only a very limited document bundle, consisting of the claim form and a photograph of an email dated 13 April 2022. The tribunal also noted that misrepresentation is not a claim it can determine.
The hearing had originally been listed for 14 April 2022 and was postponed after the Tribunal spoke to both parties. The claimant did not provide further availability, and there was no further communication from her. A new hearing notice was sent to her email address. When she did not attend the videolink hearing on 7 June 2022, the clerk telephoned and emailed her without response, and Mr Earp made enquiries which suggested she had been seen at the weekend but may have had to return home from work for a Covid test. The judge considered continuing in her absence, identifying the claims without further information, postponing, issuing an Unless Order, or dismissing under Rule 47, and decided dismissal was appropriate because the claimant had had a fair opportunity to attend or seek a postponement and the claims were unclear. The claims were dismissed at about 2.35pm and no remedy was awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim described as notice pay. Dismissed under Rule 47 after the claimant failed to attend or be represented; the tribunal did not determine the merits. | Dismissed | — | — |
| Other | Claim described as other payments. The judgment said the claims were unclear in their legal footing and dismissed them under Rule 47 without a merits determination. | Dismissed | — | — |
| Other | Claim described as wrongful information within employment process. The tribunal noted that misrepresentation is not a claim it can determine and dismissed the claim under Rule 47. | Dismissed | — | — |
Legal tests applied
1 reference- Rule 47 of the Employment Tribunals Rules of Procedure 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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