Ms Michalina Ciupa v RTS GRP plc and 1 other — 2022

The tribunal recorded that a default judgment had already been issued against RTS GRP plc, and that Mr Rajesh Voralia had been added as a party at a preliminary hearing on 15 December 2021. The listed hearing was to determine compensation against the first respondent and whether the second respondent had personal liability in respect of the claimant’s claims that she suffered a detriment, including dismissal, for making protected disclosures about the company’s failure to account for income tax and to provide itemised pay statements.

No response had been received from Mr Voralia, but the tribunal noted that nothing further had been received from the claimant either. She had been directed to provide an updated schedule of loss by 18 March 2022 but did not do so, and no evidence or documentation was provided for the hearing. Neither party attended, and the tribunal also tried to contact the claimant’s representative by telephone that morning; the number was no longer in operation.

Applying Rule 47 of the Employment Tribunal Rules of Procedure, the tribunal considered the parties’ absence, the earlier lack of contact, the failure to comply with directions, and the failure to attend the hearing. On that basis it concluded that the claim was no longer being pursued and dismissed the claim. No compensation or other remedy was awarded.