Mr Brian Shonna v No appearance Abbey Architectural Services Ltd — 2024

Mr Brian Shonna brought claims against Abbey Architectural Services Ltd that originally included unfair dismissal and a statutory redundancy payment, together with claims for unauthorised deductions from wages and breach of contract. The tribunal recorded that the unfair dismissal and redundancy payment claims were dismissed because he did not have the service needed to pursue them.

The case was listed for a final hearing on 11 April 2024, held remotely from Glasgow. The claimant did not attend. The respondent appeared through Mr Ian Balfour. The tribunal noted that the clerk telephoned the claimant four times on the number given on the claim form without success, and also emailed him with the hearing information again.

The tribunal had previously ordered the parties to exchange documents no later than 28 days before the hearing, but the claimant had not done so. Having regard to Rule 47, the claimant's failure to attend, the lack of supporting documents, and the fact that he had not contacted the respondent, Employment Judge A Kemp dismissed the claim in accordance with the overriding objective in Rule 2.

The written judgment therefore records dismissal of the remaining claims for unauthorised deductions from wages and breach of contract, as well as the earlier dismissal of the unfair dismissal and redundancy payment claims for lack of qualifying service.