Mr A Gyapong v Code Investing Ltd (In Liquidation) — 2021

This was a remote telephone hearing on 25 January 2021. The parties had been given notice on 19 October 2020 of the hearing date and time. The Claimant was also told on 19 October 2020 that his claim appeared to have been presented late and that the Tribunal would consider time extension at the start of the hearing. He did not respond to that letter. No response was received from the Respondent, and a company search showed that it was in liquidation.

At 2pm the Tribunal telephoned the Claimant for the hearing, but he declined to take the call. The Tribunal called again and the same thing happened. The Employment Judge found that the Claimant had abandoned the claim, was not pursuing it, and had failed to attend the hearing without explanation. The Tribunal also found that he had conducted the claim unreasonably by failing to accept the Tribunal's call.

Relying on Rule 37(1)(b) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the Tribunal struck out the claim in its entirety. It recorded that there would be no further hearings in the matter.