Mr S Hussain v Chawerma Ltd — 2021

The case was listed for a one-hour hearing at Watford Employment Tribunal on 9 December 2021 before Employment Judge Quill sitting alone. Neither party attended by 12pm. The tribunal attempted to contact the claimant by telephone and left two voicemails instructing him to contact the tribunal if he wished the case to proceed. No response was received from either party during the day, and by 2pm there had been no explanation for the non-attendance.

The judge was satisfied that the notice of hearing had been correctly sent to the claimant and that it contained clear instructions. The judge considered whether to proceed in the claimant's absence or to postpone the hearing, but noted that there had been no change of circumstances since the earlier decision on 22 June 2021 that a hearing was required, and that there were insufficient reasons to expect attendance on a later date. The claim was therefore dismissed under Rule 47. No substantive findings were made on the underlying wage deduction or working time issues, and no remedy was awarded.