Case 2401669/2022 · Employment Tribunal
Mr D Cullinane v Accurate Insulation Ltd (In Voluntary Liquidation) and 1 other — 2022
- Case reference
- 2401669/2022
- Decision date
- 18 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mellor REPRESENTATION
Parties
3 namedClaimant
Mr D Cullinane
Key findings
Tribunal's reasoningMr D Cullinane presented claims for notice pay, unlawful deduction from wages and holiday pay. The case was listed for a full merits hearing on 17 November 2022, and by a notice of hearing dated 22 March 2022 the Tribunal had ordered him to provide a document setting out what he was claiming, how the sums were calculated, and any supporting evidence.
The claimant did not attend the hearing and was not represented. The Tribunal left the hearing until 10.45 to allow the clerk to contact him, made two telephone calls, and emailed the CVP link, but there was no response and no contact from the claimant. He had also not complied with the case management order and had not provided documentation or evidence beyond an incomplete ET1.
Applying Rule 47 of the Employment Tribunal Rules of Procedure 2013 and having regard to the overriding objective, the Employment Judge decided it was not fair or just to postpone the hearing of the Tribunal's own motion. The Tribunal therefore dismissed the claimant's claims for non-attendance. No findings were made on the substantive merits of the notice pay, unlawful deduction from wages, or holiday pay claims.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The pleaded head was notice pay. The judgment dismisses all claims under Rule 47 without determining the merits. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed under Rule 47 because the claimant did not attend or provide the ordered documentation. | Dismissed | — | — |
| Holiday pay | Dismissed under Rule 47 with the other pleaded claims. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47, Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
- overriding objective
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.