Case 4123128/2018 · Employment Tribunal
Miss Z Knapper v No appearance and No representation InnSeagan House Hotel Ltd — 2019
- Case reference
- 4123128/2018
- Decision date
- 27 March 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Rory McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Miss Z Knapper
Key findings
Tribunal's reasoningThe claimant presented a claim on 22 November 2018 alleging unfair dismissal and arrears of pay, including unpaid holiday pay and notice pay. The respondent resisted the claim and raised preliminary points about the early conciliation certificate and the claimant's qualifying service, but those issues were not determined at the hearing. A hearing was fixed for 22 March 2019 in Glasgow, and the respondent attended ready to proceed with a solicitor and two witnesses.
The claimant did not attend. The tribunal clerk telephoned the mobile number given in the ET1, left a message asking the claimant to contact the Tribunal urgently, and there was still no appearance by shortly after 11.10 am. Employment Judge McPherson noted that there was no information before the tribunal about the reason for the absence and no information suggesting that any disputed payment remained outstanding. Applying rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1, the tribunal concluded that the claimant did not insist upon the claim and dismissed the claims for unfair dismissal, holiday pay, notice pay and other arrears of pay.
The judgment also noted that the claimant could seek reconsideration under rules 70 and 71 within 14 days, subject to a proper explanation for non-attendance. The respondent reserved its position on any expenses application if a reconsideration request were made without proper explanation.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed under rule 47 because the claimant did not attend the hearing; the tribunal did not determine the merits. | Dismissed | — | — |
| Holiday pay | The unpaid holiday pay element was dismissed under rule 47 without a substantive determination. | Dismissed | — | — |
| Breach of contract | Covered the notice pay and other arrears of pay claims referred to in the reasons; dismissed under rule 47. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1
- Rules 70 and 71 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 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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