Claimant v W H Brakspear & Sons Ltd T/a The Golden Ball Pub — 2022

The claimant worked for the respondent pub as a sous-chef from 10 August 2020 until 7 September 2020. He presented claims including automatic unfair dismissal for health and safety reasons, dismissal for making protected disclosures, and pay claims. The respondent accepted the notice pay and holiday pay claims, but otherwise defended the case.

The tribunal recorded that the claimant did not comply with the case management orders made on 20 February 2021, including the direction to explain his compensation claim and exchange documents. After the tribunal wrote in July 2021 about possible strike out, the claimant said he had health problems and would deal with the order, but he still did not comply. He later said he was not good with court documents and asked for an explanation.

The final hearing on 31 January 2022 was by video before Employment Judge Hawksworth sitting alone. The claimant did not attend. The respondent's operations manager attended and confirmed that the respondent did not dispute notice pay or holiday pay. The tribunal ordered payment of £519.23 for notice pay and £167.19 for untaken holiday.

For the remaining claims, the tribunal considered rule 47 of the Employment Tribunal Rules of Procedure 2013 and decided not to proceed in the claimant's absence. It found that the claimant had not actively pursued his claim, had not attended the hearing, and had not explained his absence. It also concluded that it would not be fair to adjourn or reschedule again, so the remaining claims were dismissed under rule 47.