Case 4100316/2019 · Employment Tribunal
Mr D Pospiszyl v No appearance Sukwinder Singh Kang and Parmjit — 2018
- Case reference
- 4100316/2019
- Decision date
- 30 May 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge R McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Mr D Pospiszyl
Key findings
Tribunal's reasoningMr D Pospiszyl presented claims on 18 January 2019. The respondents' ET3 disputed the effective date of termination, saying it was 17 August 2019, and the tribunal directed a preliminary hearing on time bar. The hearing was listed for 30 May 2019, but the claimant did not attend and had no representative present.
The tribunal recorded that the clerk made enquiries in the tribunal building and attempted telephone contact using the number provided by the respondents, and that no alternative postal address had been provided. After waiting 15 minutes, the judge considered the information available and applied Rule 47 of the Employment Tribunals Rules of Procedure 2013. The judge concluded that dismissal of the claim was appropriate in accordance with the overriding objective in Rule 2.
The operative judgment dismissed the claims for unfair dismissal, unpaid holiday pay and breach of contract. The reasons also describe the wage issue as 'unlawful deductions of wages' and later as 'arrears of pay'. No substantive findings on liability were made, no remedy was awarded, and the respondents did not seek to insist on a costs order.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed in absence under Rule 47 after the claimant did not attend; no merits findings were made. | Dismissed | — | — |
| Holiday pay | Dismissed in absence under Rule 47 after the claimant did not attend; the judgment refers to this issue as unpaid holiday pay. | Dismissed | — | — |
| Breach of contract | Dismissed in absence under Rule 47; the reasons also refer to the wage issue as 'unlawful deductions of wages' and 'arrears of pay'. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013
- Rule 2 overriding objective
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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