No attendance For the v Bobby’s Property Services Ltd — 2022

The claimant, Mr Nirav Patel, presented a claim against Bobby’s Property Services Limited alleging that he had worked and not been paid. In the claim form he referred to 'other payments' and said he had been paid weekly, with the respondent explaining non-payment on the basis that the client had not paid. He also referred in the narrative to overtime. The claim form did not provide employment details or earnings information, and the tribunal later noted that the form made no reference to holiday pay or notice pay.

The tribunal wrote to the parties after there had been no response from the respondent. On 26 September 2021 it told the claimant that, because the claim form did not explain his earnings or how the sums claimed were calculated, he needed to provide further information. The claimant was asked to answer written questions by 11 October 2021, but no response was received. A further letter dated 2 February 2022 listed the matter for hearing on 18 March 2022 to hear evidence and decide financial compensation or other remedy.

Neither party attended the hearing. The tribunal contacted the claimant by telephone on the day. He said he did not intend to attend because he was at work, initially said he had been paid the sums in question, and then said he had only been paid half of what he considered he was owed. He was asked to confirm by email whether he wished to continue with the claim, but no email was received.

Applying Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the tribunal dismissed the claim in its entirety. The judge said no other course was appropriate in light of the claimant’s failure to provide the requested information and his failure to attend the hearing.