Case 3200955/2022 · Employment Tribunal
Mr Gabor Kocsis v Dalston Hospitality Limited — 2022
- Case reference
- 3200955/2022
- Decision date
- 30 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sugarman Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr Gabor Kocsis
Respondent
Key findings
Tribunal's reasoningMr Gabor Kocsis presented a claim on 12 March 2022 seeking £350 holiday pay said to be owing on termination of employment on 16 August 2021. The tribunal treated the claim as one under the Working Time Regulations 1998. It noted that ACAS early conciliation was not notified until 28 January 2022 and that the certificate issued on 10 March 2022, so the claim was out of time on the tribunal's analysis.
At the full merits hearing on 30 August 2022, neither party attended or was represented, and the claimant had not complied with the tribunal's earlier order to provide a schedule, calculation, and supporting documents. The tribunal recorded that it had no evidence from the claimant, no explanation for the absence, and no application for an adjournment. It also found that the claim form gave no detail about net or gross pay, any holiday taken, or any outstanding balance, so the sum claimed could not be assessed from the material before it.
Applying Rule 47 of the Employment Tribunal Rules, and having regard to Roberts v Skelmersdale College [2004] IRLR 69, the tribunal noted that it had a wide discretion and no duty to investigate the merits of the absent party's case, but had to consider the available information. It decided it could not fairly proceed with the hearing or uphold the claim on the basis of the claim form, and dismissed the claim because the claimant had neither attended nor been represented.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | The claim was treated as a holiday pay claim under the Working Time Regulations 1998. The tribunal dismissed it under Rule 47 after the claimant failed to attend or be represented. It also noted that the claim was presented out of time, was unparticularised, and lacked evidence of how the claimed £350 was calculated. | Dismissed | — | — |
Legal tests applied
3 references- Rule 47
- Roberts v Skelmersdale College [2004] IRLR 69
- Regulation 30(2) of the Working Time Regulations 1998
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.
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