Atack Ms A Walkowski v Respondent — 2019

The tribunal recorded that the claimant had presented claims of unfair dismissal, breach of contract, and a redundancy payment, and that the respondent had not presented a response and was not permitted to take part in the proceedings. The case was listed for hearing because an Employment Judge considered that a rule 21 judgment could not be issued due to lack of information.

When the case was called, the claimant did not appear. The tribunal was satisfied that notice of the hearing had been sent to her, and the clerk attempted to contact her without success. The tribunal also noted from the file that the claimant had not responded to correspondence about the provision of a translator.

After allowing further time for the claimant to attend, the judge concluded that she was not going to appear or provide any explanation for her absence. Applying rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the tribunal dismissed all of the claims because the claimant failed to attend or be represented and there was no explanation for the non-attendance. The judgment records that the claimant could apply for reconsideration within 14 days if there was a good reason for her absence.