Mr C Ball v Mech Electrics Limited — 2021

Mr C Ball brought a claim against Mech Electrics Limited for £211.20 in allegedly unpaid wages. The final hearing took place remotely on 1 March 2021 before Employment Judge Horne. The claimant did not attend and was not represented; the respondent appeared through its director, Mr A Eddowes.

The tribunal considered Rule 47 of the Employment Tribunal Rules of Procedure 2013, which permits dismissal where a party fails to attend or be represented, but requires the tribunal to consider any available information about the reasons for absence. The tribunal noted that the hearing date had been notified in a letter dated 22 October 2020, and that the parties were later told on 26 February 2021 that the hearing start time had changed to 2.15pm. The tribunal was satisfied that notice had been sent to the same email address the claimant had used in correspondence with the respondent.

At 2.17pm the tribunal clerk telephoned the claimant. According to the clerk, he said he was at work, that he had "had nothing from the tribunal", and that he would be available to speak to the judge by telephone. The judge also recorded that the respondent had not heard directly from the claimant since the claim was first notified.

The tribunal decided it would not be proportionate to adjourn the matter to see whether the claimant participated on another occasion. It also considered hearing the claimant by telephone, but did not do so because final hearings must take place in public and the rule 50 exception did not apply. The claim was therefore dismissed. The judgment states that if the claimant can show he did not receive notice of the hearing, he may apply for reconsideration, subject to the applicable time limits.