Mrs Jade Cowie v No appearance or representation Geoamey PECS Limited — 2022

Mrs Jade Cowie brought a claim described in the ET1 as arrears of pay and other payments. The case was listed for a final hearing on 7 February 2022, after an earlier hearing had been postponed on the claimant's application in late October 2021. The tribunal record notes that the claimant had been sent notice of the hearing, had exchanged emails with the respondent shortly before the hearing, and gave no indication that she was unaware of the date or unable to attend.

On 7 February 2022 the respondent was ready to proceed and its witness was available. The clerk attempted to contact the claimant before the hearing by email and, after a telephone number was obtained, by phone as well. When no contact was made, the tribunal adjourned twice during the morning and directed that the claimant be asked to state her intentions by 11.00am. She did not respond.

The respondent then applied under Rule 47 of the Employment Tribunals Rules of Procedure 2013 for the claim to be dismissed. The Employment Judge took account of the claimant's previous awareness of the proceedings, the earlier postponement granted on her application, the notices sent to her, and the unsuccessful attempts to contact her on the morning of the hearing. The tribunal dismissed the claim under Rule 47. No findings were made on the underlying pay allegations and no monetary award was recorded.