Claimant v Norwegian Air Resources UK Ltd (in voluntary liquidation) — 2022

The Claimant claimed 23 days of unpaid holiday pay from Norwegian Air Resources UK Ltd in liquidation, in addition to 8 days of holiday pay she had received from the Redundancy Payments Service following the Respondent's insolvency. She also sought compensation for delay and damage to her personal life and financial status.

The tribunal recorded that directions had required further information from the Claimant and that there was no evidence she responded. A Cloud Video Platform hearing was listed for 14 January 2022, but neither party attended. The Tribunal Office repeatedly tried to contact the Claimant by telephone and emailed her personal email address. Her named representative, Unite the Union, emailed that morning stating it was not representing her and asking to be removed as representative.

Judge T Lawrence, acting as an Employment Judge, dismissed the claim under rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 after concluding that the Claimant had failed to attend or be represented and that practicable enquiries about the reasons for her absence had been exhausted. The tribunal also considered there was insufficient information about the amount of holiday pay or compensation claimed, or why the Claimant said she was entitled to them.

The tribunal held that the Claimant had not established that the Respondent made an unlawful deduction from wages by failing to pay holiday pay, and had not established that she was entitled to compensation from the Respondent. No monetary award was made.