Case 4105989/2022 · Employment Tribunal
Mrs K Cunningham v Respondent — 2023
- Case reference
- 4105989/2022
- Decision date
- 23 January 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Murphy
- Venue
- Edinburgh
Parties
1 namedClaimant
Mrs K Cunningham
Respondent
- —
Key findings
Tribunal's reasoningThe claim was listed for a final hearing in Edinburgh on 19 January 2023 before Employment Judge Murphy. The respondent had not entered a response, so the hearing was convened pursuant to Rule 21 of the Employment Tribunal Rules of Procedure 2013. The claimant, Mrs K Cunningham, did not attend and was not represented. Her husband attended and said he did not believe she would attend, and when asked why, said she was not feeling well and had a cold.
The tribunal noted that a Notice of Hearing had been sent on 16 November 2022 and that further correspondence had been sent on 9 January 2023 asking Mrs Cunningham to confirm whether she wished her husband to represent her. She did not respond. A further letter was sent on 13 January 2023 confirming that the case would proceed in person on 19 January 2023. The claimant did not contact the tribunal to explain her absence, seek a postponement, or provide a medical certificate. Mr G Cunningham was not authorised to represent her.
Taking all relevant circumstances into account, the tribunal dismissed all claims brought under case number 4105989/2022 pursuant to Rule 47 of the Employment Tribunal Rules of Procedure 2013. The judgment records that, on the information available, it did not appear that the claimant wished actively to pursue her complaints. The judgment was entered on 23 January 2023 and the parties were informed of the right to apply for reconsideration within 14 days.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Dismissed under Rule 47 after the claimant failed to attend or be represented at the final hearing. | Dismissed | — | — |
| Redundancy | Dismissed under Rule 47 after the claimant failed to attend or be represented at the final hearing. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed under Rule 47 after the claimant failed to attend or be represented at the final hearing. | Dismissed | — | — |
| Working time regulations | Dismissed under Rule 47 after the claimant failed to attend or be represented at the final hearing. | Dismissed | — | — |
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- Rule 47 of the Employment Tribunal Rules of Procedure 2013
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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