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

Mr Ahmed’s case was one of a number of multiple claims brought against several companies for unpaid wages and holiday pay. By the date of the hearing, most other claimants’ cases had been compromised. The claimant was one of four remaining claimants, and the hearing on 21 November 2022 was listed by telephone after notice had been sent to him on 23 September 2022.

The claimant did not respond to the hearing notice, did not provide a telephone number, and did not attend or have representation at the hearing. Employment Judge Hyams applied rule 47 of the Employment Tribunals Rules of Procedure 2013, considered the information available about the absence, and decided that the claimant’s claims should be dismissed.

The judge recorded that the claimant may have had a good reason for not attending, but said that any reconsideration application would need to state precisely what sums were claimed as unpaid wages and holiday pay and the basis for entitlement. The judgment noted that, without that information, the issues could not be clarified, including whether the claimant was a worker within section 230(3) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998.