Mrs N Neicho v v Oasis Fashions Limited (in administration) — 2022

The claimant was employed by Oasis Fashions Limited, which went into administration on 15 April 2020. She brought claims for a protective award for failure to consult, a redundancy payment, notice pay, arrears of pay and unfair dismissal. The claim had been stayed pending consent from the administrators, who later consented to the claim proceeding and disputed the protective award claim on the basis that section 188 TULRCA 1992 did not arise in relation to the claimant.

The tribunal listed the claims for a video hearing on 14 July 2022 and made case management orders requiring the claimant to provide details of amounts claimed, supporting documents and a witness statement. The claimant did not provide the ordered information, did not attend or arrange representation at the hearing, and did not contact the tribunal to explain her absence.

The tribunal found that the claim had not been actively pursued and that it seemed the claimant had decided not to pursue it. In those circumstances, the claim was dismissed under rule 47 of the Employment Tribunals Rules of Procedure 2013, which relates to non-attendance at a hearing.