Not present or represented For the v Ms Joanne Frew, solicitor — 2022

The claims under case numbers 3310921/2019, 3322508/2019 and 3327431/2019 concerned unpaid wages and holiday pay. By 21 November 2022 most related claims had been compromised, leaving Mr Abdullahi among four remaining claimants. A telephone hearing took place before Employment Judge Hyams on 21 November 2022. Mr Abdullahi was not present, was not represented, had not responded to the notice of hearing, and had not provided a telephone number for the tribunal to call him on.

The respondents had asked for the claim to be struck out under rule 37(d) on the basis that it had not been actively pursued, but the tribunal instead applied rule 47 of the Employment Tribunals Rules of Procedure 2013 and dismissed the claims for non-attendance. The reasons record that the claimant may have had a good reason for not attending, but even if he later sought reconsideration he would need to state precisely what sums he was claiming for unpaid wages and holiday pay and the basis for entitlement. The tribunal noted that the issues could not be clarified without deciding whether he was a worker within section 230(3) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998.