Mr P Hamilton v No appearance and No representation Kings Park Hotel — 2022

The tribunal identified a limited factual dispute about how many days of paid holiday the claimant had taken while employed by the respondent. It said that resolving that dispute would have required evidence from both parties because their factual assertions were directly contradictory.

The claimant did not attend the 16 November 2022 hearing and gave no reason for non-attendance. Attempts to contact him were unsuccessful, and he had not responded to attempts to verify that the equipment he intended to use would connect properly to a video hearing. The respondent attended as listed. The tribunal noted that there had already been an earlier hearing on 14 October 2022 at which the claimant attended only briefly by telephone after being chased to dial in, because he was at work and unable to take time out to attend fully, while the respondent attended by video link.

Following the claimant's inability to attend fully on 14 October 2022, the matter was relisted to determine the claim. The tribunal held that it was just and equitable to dismiss the claim under rule 47 of the Employment Tribunal Rules of Procedure 2013 because the respondent had attended twice for the claim to be disposed of, the claimant had twice prevented determination of the claim, and on the second occasion there was no explanation or notice. It also recorded that the value of the claim was under one week's pay and that a further hearing would not be just, equitable or proportionate.