Mr Jason Pickard v Leigh Maintenance Service — 2023

Mr Jason Pickard’s claim against Leigh Maintenance Service was listed for final hearing by CVP on 20 June 2023, but neither party attended and the claimant did not respond to the tribunal’s attempts to contact him. The tribunal therefore dismissed the claim in his absence under Rule 47 of the Employment Tribunal Rules of Procedure.

In its reasons, the tribunal noted that the ET1 described the claim as unpaid wages said to have been due on 31 October 2022. On the face of the papers, the claim appeared to have been presented almost two months outside the three-month time limit, because the early conciliation certificate was dated 27 March 2023 and the ET1 was received on 29 March 2023. The tribunal also noted that the claim had been issued against "Leigh Maintenance Service", which did not appear to be a valid legal entity.

The tribunal further recorded that a Companies House search showed Leigh Maintenance Services Limited at an almost identical address, and that company had been in compulsory liquidation since 28 March 2023. The tribunal observed that, even if the claim were amended to name that company, it would be automatically stayed under the Insolvency Act 1986. In light of the claimant’s non-attendance, the absence of any communication after presentation of the ET1, and the apparent procedural obstacles, the tribunal considered dismissal to be in the interests of justice.