Case 4104480/2018 · Employment Tribunal
R Sorrell Mr S Paterson v No Appearance AB2000 Limited — 2018
- Case reference
- 4104480/2018
- Decision date
- 25 July 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ms
Parties
2 namedClaimant
R Sorrell Mr S Paterson
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim on 28 April 2018 for holiday pay and unlawful deductions from wages. He did not appear at the hearing on 18 July 2018. The Tribunal clerk telephoned him and left a voicemail asking him to contact the Tribunal, and also emailed him saying the hearing would proceed at 2.30pm if he did not make contact. There was no response, so the hearing proceeded in his absence.
The respondent, represented by its Managing Director, said the claimant had been given numerous opportunities to specify the claim and the amount sought, but had not responded, leaving the respondent unable to consider its position. The Tribunal also recorded that EJ Whitcombe wrote on 13 June 2018 requesting full details of the sums claimed and the calculations by 26 June 2018, and that EJ McPherson wrote on 5 July 2018 asking for reasons for the lack of reply. The claimant did not respond to either letter.
In light of the non-appearance and the failure to respond to the Tribunal's requests for further specification, the Employment Judge decided that the claim was not being actively pursued and should be dismissed under Rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013. The judge also said dismissal was appropriate having regard to the overriding objective in Rule 2. The judgment therefore dismissed the claim in full and recorded no monetary award.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim lodged with unlawful deductions of wages and dismissed under Rule 47 after the claimant did not appear and did not respond to Tribunal correspondence seeking further specification. | Dismissed | — | — |
| Unlawful deduction from wages | Claim lodged with holiday pay and dismissed under Rule 47 after the claimant did not appear and did not respond to Tribunal correspondence seeking further specification. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47 ETR 2013
- Rule 2 overriding objective
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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