Ms D Mackinnon v Respondent — 2023

Ms D Mackinnon presented a claim on 19 September 2023 complaining that Loch Ness Coffee Co Limited had not paid her in full for annual leave accrued by the date of her resignation on 16 June 2023. She quantified the unpaid holiday pay at £256.00.

The claim was not defended, and a video hearing was listed for 4 December 2023. Although the claimant had indicated in her claim form that she could take part in video hearings and had been sent joining instructions, she did not join the hearing. The tribunal gave her an additional 30 minutes, and the clerk attempted to telephone her on the number provided in the claim form, but there was no answer.

The hearing was postponed and the claimant was asked by email to explain her non-attendance and confirm whether she remained available for a video hearing later that week. She was warned that if no response was received the claim might be dismissed. No reply had been received by 9.45am on 7 December 2023, and there had still been no contact when judgment was written.

The tribunal also recorded that the claimant had previously been directed on 26 September 2023 to send supporting documents at least seven days before the full hearing, and on 21 November 2023 to provide further particulars of her claim. She did not respond to either order, and the case file showed no contact with the tribunal office after the claim form was submitted. In those circumstances, the tribunal concluded that she had failed to comply with orders and had not actively pursued the claim, and it struck the claim out under rule 37(1)(c) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.