Mr H Cole v Rhino’s Plant Hire Ltd (In Administration) — 2023

The claimant lodged his claim on 19 October 2023, seeking arrears of pay and also stating in the ET1 that he had been wrongfully dismissed. The respondent resisted the claim. The final hearing was listed for 29 January 2024 at East London Hearing Centre by CVP, but neither party appeared in person or was represented.

The Tribunal recorded that notice of the hearing had been sent on 17 November 2023. On 29 January 2024 the Clerk attempted contact with the claimant by telephone and email, and the Tribunal gave him until 12.30 to attend or communicate with the Tribunal about his non-attendance. No response was received. The Tribunal also noted that no additional information or documents had been provided by the claimant and no explanation for his absence was put forward.

At 12.36 the Tribunal dismissed the claim on its own initiative under Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The Tribunal said it had considered the material on the file, the nature of the complaints, the overriding objective, and the practicable enquiries made about the claimant's absence. It was satisfied that the claimant had been afforded ample opportunity to attend and that it was not appropriate to hear the claim in his absence. The merits of the arrears of pay and wrongful dismissal issues were not determined.