Mr Gaydu v Independent Living Alternatives — 2021

The hearing took place on 25 October 2021 at Watford by video. The claimant did not attend, and there had been no correspondence from him. The tribunal noted that the respondent had complied with case management directions and had provided documents and witness statements, whereas the claimant had not provided documents or witness evidence. The tribunal decided to continue in the claimant's absence under Rule 47 of the Employment Tribunal Rules of Procedure 2013.

On the material before it, the tribunal considered that the claimant was seeking a statutory redundancy payment and notice pay. It identified two fundamental difficulties with those claims. First, the claimant appeared to have resigned from his position with the respondent, and the tribunal stated that a person is only entitled to notice pay and/or a redundancy payment if dismissed by their employer. Second, the tribunal found that the claimant was not an employee of the respondent, and said that only an employee is eligible to claim a statutory redundancy payment and statutory minimum notice pay.

The tribunal therefore found both the statutory redundancy payment claim and the notice pay claim were not well founded and dismissed the proceedings. The judgment also stated that if the claimant wished to seek reconsideration, he should apply within 14 days of the judgment being sent, explaining the non-compliance, his non-attendance, and why reconsideration would be in the interests of justice.