Mr Ryan Wilson v No appearance and No representation Raffaelles Italian Kitchen and Bar — 2020

Mr Ryan Wilson presented a claim complaining that he had not been paid holiday pay accrued to the date of termination of his employment. He said he had already been paid £429.40 but considered that a further amount, which he estimated at around £600, remained due. In its ET3 the respondent said there had been an error, explained the position, and said a further payment of £429.40 would be made to satisfy the claim.

A preliminary hearing was fixed for 27 November 2020. The tribunal wrote to the claimant on 23 October 2020 asking whether payment had been made and, if so, whether the claim could be withdrawn and dismissed, but no response was received. At the hearing the claimant did not appear and the tribunal clerk was unable to obtain a reply on the telephone number held for him. Ms L Colaluca attended for the respondent and said that the further payment of £429.40 had been paid into the claimant's bank account, that there had been confusion with the accountant over the amount due, and that the claimant had e-mailed asking what the payment represented before being told it was a further two weeks' holiday pay.

The tribunal referred to rule 47 of the Tribunal Rules of Procedure, under which a claim may be dismissed where a party fails to attend after the tribunal considers any available information about the reason for absence. On the information before it, and in light of the correspondence indicating that the matter had been resolved, the tribunal concluded that the reason for the claimant's absence was that matters had been settled and dismissed the claim. The judgment records no monetary award.