No attendance For the v KD Bros Limited — 2023

The claimant brought complaints about unpaid wages, unpaid holiday pay on termination, and a failure to provide payslips. The tribunal recorded that the employment was very brief, from February 2023 until March 2023 or 1 or 2 April at the latest, and noted that the complaints appeared to be outside the relevant three-month time limits even on the latest possible date for an unlawful deduction claim.

The final hearing was listed by CVP in Leeds on 27 October 2023. Neither party attended, despite notice and connection details being sent. The clerk telephoned both sides but could not make contact. The tribunal considered whether to proceed in the claimant's absence, postpone, or dismiss the claims under Rule 47.

The judge decided that dismissal under Rule 47 was the just course. The reasons state that deciding limitation issues without the claimant's evidence would be problematic, but a further postponement would also be unfair to the respondent. The tribunal noted there had been no postponement application, and that if the claimant later had a very good reason for not attending she could apply to reconsider the judgment, though she would still need to address the time limit difficulties. No merits findings were made and no remedy was awarded.