Ms I Malcolm v Respondent — 2019

Employment Judge I Atack recorded that Ms I Malcolm had brought claims of unfair dismissal, breach of contract, arrears of pay, payment of accrued but untaken holidays, and a redundancy payment. The respondent had not presented a response and was debarred from further participation, but the case could not be determined in the claimant's absence because the ET1 contained too little information to allow a default judgment to be issued.

When the case was called on 16 July 2019, the claimant did not attend. She told the clerk that she had not received the hearing notice. The tribunal noted rule 90 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, under which a notice sent by post is deemed received unless the contrary is proved, and took the view that the notice had been sent to the address given in the ET1.

Applying rule 47, the tribunal considered the claimant's non-attendance and the limited information available, and was not prepared to accept her denial of receipt in the absence of further information. It therefore dismissed all of the claimant's claims. No merits findings or remedy awards were made.