Claimant v Giromondo Limited (T/A Mont Blanc)
Outcome
Individual claims
Claim dismissed under Rule 47 for non-attendance of claimant at preliminary hearing. Claimant failed to attend hearing at 10am on 19 March 2025 and did not respond to telephone calls. Respondent had already paid the holiday pay owed (£2,432.86 gross) following a previous hearing.
Facts
The claimant brought a claim which appeared to concern holiday pay that was presented out of time. A preliminary hearing was scheduled for 19 March 2025 to determine time limit issues. Following a previous hearing on 7 October 2024, the respondent paid the claimant £2,432.86 gross in holiday pay that was agreed to be owed. The claimant failed to attend the preliminary hearing despite the tribunal attempting to contact him by telephone.
Decision
The tribunal dismissed the claim under Rule 47 due to the claimant's non-attendance at the preliminary hearing. The judge noted the respondent had already paid the holiday pay owed and informed the claimant he could seek reconsideration within 14 days if he believed it was in the interests of justice.
Practical note
Claimants must attend scheduled hearings or risk dismissal under Rule 47, even where the substantive issue (here holiday pay) has been resolved between hearings.
Legal authorities cited
Statutes
Case details
- Case number
- 2400713/2024
- Decision date
- 19 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No