Ms E Hamilton v Respondent — 2022

Ms Hamilton did not attend or be represented at the final hearing in Glasgow on 16 June 2022. The respondent, represented by its owner Ms C Devlin, asked for dismissal under Rule 47. The tribunal recorded that a notice of hearing had been sent to the claimant on 5 April 2022 and that, in earlier email correspondence, she had said she had received part payment from the respondent and wished to continue unless compensated further.

The tribunal noted that on 14 June 2022 the claimant emailed saying she would like to "dismiss the hearing from going forward", but she did not give a direct confirmation that she was withdrawing the claim when the tribunal asked her to confirm that point. On 15 and 16 June she said she was at work and unable to take calls, but again did not confirm that she wished to withdraw or attend. The tribunal considered that proceeding in her absence would not serve the overriding objective of dealing with the case fairly and justly, and that a postponement was also inappropriate because there was a significant risk she would not attend any rearranged hearing.

In deciding to dismiss, the tribunal noted that the factual position about the claimant's entitlements remained in dispute and that, without evidence from the claimant, it appeared highly unlikely that she would discharge the burden of showing the alleged deductions or breach of contract. It therefore dismissed all claims under Rule 47 of the Employment Tribunals Rules of Procedure 2013. The merits of the underlying claims were not determined.