Mr B McBride v Respondent — 2024

The only claim before Employment Judge M Whitcombe was a claim for notice pay as damages for breach of contract. The respondent was in administration and had not filed a response, but the administrator had consented to the bringing and continuation of the proceedings. The judgment records that the administrator had referred to claims for redundancy payments, arrears of wages, holiday pay and notice pay, although the judge noted that the claimant was seeking only notice pay and that form RP2 would have been the correct form for that type of claim.

Neither party attended the hearing on 17 June 2024. There was no postponement application on the file and no explanation for the claimant's absence. The tribunal clerk attempted to contact the claimant without success. After waiting until 11.15, fifteen minutes after the scheduled start time, the judge concluded there was no obvious reason for the claimant's failure to attend and that it was not possible to proceed in his absence.

The claim was therefore dismissed under rule 47 of the Employment Tribunal Rules of Procedure. The judgment also states that, even if the case had proceeded, the result would have been the same because the claimant bore the burden of proof and gave no evidence in support of the claim.