Ms E Carpita v STR 48 Limited Heard by video — 2023

Ms E Carpita did not attend the hearing on 24 January 2023. The tribunal noted that she had not provided a telephone number or email address, so the joining instructions had not been sent to her, and there was no record that she had contacted the tribunal to ask how to attend. The notice of hearing dated 27 September 2022 had been sent, and the parties had also been sent orders requiring supporting documents to be filed two working days before the hearing. Nothing had been received from either side.

The tribunal also relied on a letter dated 13 December 2022 which required the parties to confirm by 28 December 2022 whether the hearing was going ahead and whether they intended to attend, warning that failure to reply could lead to strike out for non-pursuit. The claimant did not respond. Although the tribunal accepted there was a chance that the claimant had not received correspondence because her flat number was omitted from the address used, it found the rest of the name and address were correct and concluded there was a good chance she had received it. In those circumstances, and because she had made no contact to progress the claim or correct her contact details, the tribunal struck out the notice pay claim for non-pursuit.