Mr J Smallwood v Whiteline Taxi (Copeland) Ltd — 2021

Mr J Smallwood presented his claim on 10 December 2020, bringing claims for constructive unfair dismissal and unlawful deductions from wages. Whiteline Taxi (Copeland) Ltd filed a response on 8 February 2021. The claim was listed for a two-day hearing on 6 and 7 January 2022, with notices and case management directions sent to the parties in March 2021 and a further notice sent on 20 December 2021 changing the hearing to CVP and asking for the hearing bundle and witness statements.

When the Employment Judge joined the hearing on 6 January 2022, neither party nor any representative was in attendance. The clerk confirmed that no bundle had been provided, there had been no contact from either party after the 20 December 2021 notice, and attempts to contact the claimant by phone and both parties by email did not produce a response. The Tribunal waited until 11.20am, but no one joined or replied.

Having considered Rule 47 of the Employment Tribunal Rules of Procedure 2013 and the information available about the parties' absence, the Judge decided not to proceed in the absence of the parties. The reasons state that the claimant's main claim was one of unfair constructive dismissal, that the burden was on him to prove dismissal, and that no evidence had been provided to support the claim. The absence of any bundle, including witness statements, was also noted.

The Tribunal dismissed the claim in full. No remedy or monetary award was made, and the judgment contains no merits findings on either the dismissal allegation or the unlawful deduction allegation.