Mr Joao Renato Gouveia v Metroline Travel Limited Heard — 2022

The claimant brought claims on 22 November 2021 for notice pay, unlawful deductions from wages, and breach of contract arising from non-payment of company sick pay. The case was listed for a full merits hearing on 27 September 2022 before Employment Judge Saward sitting alone. The claimant did not attend and was not represented.

The tribunal noted that the claimant had been told on 21 September 2022 that the hearing remained listed and that, if he did not attend, Rule 47 might apply. When the hearing started, the tribunal clerk telephoned the claimant and he said he would not attend because of work and that he intended to email the tribunal, although no prior notification had been received. The tribunal also noted that the claimant had not complied with the case management orders made on 2 April 2022, and that his claim details were incomplete and unclear.

With no evidence before it, and no satisfactory explanation or request for postponement, the tribunal concluded that it was not fair or just to postpone the case of its own motion. It therefore dismissed the claimant's claims under Rule 47 of the Employment Tribunals Rules of Procedure 2013. No monetary award was made.