Tinnion Mr. Paul Allan v Respondent — 2021

The claimant presented a complaint on 7 January 2021 asserting that the respondent owed him £236 for work done on 24-25 November 2020. He said his employer was not the respondent but Kennedy Consulting Services Ltd, which he said had been engaged by the respondent in connection with work at Perth College. The respondent denied liability on the basis that the claimant was not its employee and was instead a self-employed worker working for KCS.

The claimant did not attend the final hearing on 30 September 2021 and was not represented. The tribunal clerk reported telephone conversations that morning in which the claimant said he was not attending, that he wanted to waste everyone's time and see if the respondent would back out, and that he had never intended to turn up.

In those circumstances, and on the respondent's application, the Employment Judge exercised the power under Rule 47 to dismiss the claim. The tribunal said further enquiries would serve no practical or useful purpose and that dismissal was in the interests of justice and consistent with the overriding objective. The judgment records no determination of the wage claim on its merits and no monetary award was made.