Mr G Galloway v Start Energy Ltd — 2019

Mr Galloway presented claims on 27 November 2018 for automatically unfair dismissal under section 103A of the Employment Rights Act 1996, unauthorised deduction from wages under section 13, and breach of contract arising from alleged failure to pay notice pay. At a preliminary hearing on 7 March 2019, Employment Judge Johnson listed the matter for hearing on 26 and 27 September 2019 and gave directions for further information, disclosure, a bundle and witness statements. Paul Doran Law later confirmed on 26 April 2019 that they no longer represented the claimant.

When the tribunal convened on 26 September 2019, neither party appeared. The tribunal staff attempted to contact both the claimant and the respondent without success. The tribunal noted that none of the directions had been complied with and that it could not proceed to hear the case in the absence of both parties.

The tribunal considered rule 47 of the Employment Tribunal Rules of Procedure 2013, which allows the tribunal to dismiss a claim or proceed in the absence of a party after considering any available information and any practicable enquiries about the absence. Having considered the grounds of complaint, the response and the total failure to comply with directions, the tribunal unanimously dismissed all three claims.