Case 4104019/2018 · Employment Tribunal
Mr J Fleming v Respondent — 2019
- Case reference
- 4104019/2018
- Decision date
- 18 February 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Iain Atack
- Venue
- Glasgow
Parties
1 namedClaimant
Mr J Fleming
Respondent
- —
Key findings
Tribunal's reasoningThe claimant’s ET1, presented on 13 April 2018, included claims of unfair dismissal, breach of contract in respect of non-payment of notice pay, and non-payment of annual leave. The reasons record that the unfair dismissal claim had already been dismissed on 18 October 2018, leaving the breach of contract and annual leave/payment claims for final hearing.
The final hearing was listed for 14 February 2019 and notice was sent to both parties on 11 December 2018. When the case called, neither party was present or represented, and no explanation had been given in advance. The clerk contacted the respondent, whose representative said he believed the hearing was listed for 15 February 2019 and could not attend on 14 February because of other work commitments. The claimant could not be contacted.
Applying rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the Employment Judge considered the parties’ absence and the information available. Because the claimant did not attend and gave no explanation for his non-attendance, the judge decided to dismiss the claim, concluding that the claimant did not wish to pursue it. The judgment therefore dismissed the remaining breach of contract claim and the claim for payment in respect of annual leave under regulation 16 of the Working Time Regulations 1998.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The reasons note that this claim was dismissed on 18 October 2018, before the final hearing on the remaining claims. | Dismissed | — | — |
| Breach of contract | Dismissed at the final hearing after neither party attended and the tribunal proceeded under rule 47. | Dismissed | — | — |
| Holiday pay | The claim for payment in respect of annual leave under regulation 16 of the Working Time Regulations 1998 was dismissed at the final hearing under rule 47. | Dismissed | — | — |
Legal tests applied
1 reference- rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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