Claimant v Hartwood Technology Consulting Limited
Outcome
Individual claims
Claim dismissed under rule 47 for non-attendance. Claimant failed to attend the final hearing and did not respond to enquiries. Tribunal found insufficient evidence to proceed without claimant's oral evidence.
Claim dismissed under rule 47 for non-attendance. Tribunal had no corroborating evidence as to reason for termination being attributable to cessation of trading under s.139(1) ERA 1996, despite respondent being in creditors' voluntary liquidation.
Facts
Claimant claimed unpaid wages for 6 months (June-October 2024) and redundancy pay following termination on 27 October 2024. He had been employed since March 2022, initially by Hamilton Capital Holdings Ltd, then transferred to Hartwood Technology Consulting Ltd under TUPE in June 2024. Respondent company was in creditors' voluntary liquidation. Neither party attended the final hearing scheduled for 17 March 2025.
Decision
Tribunal dismissed the claim under rule 47 for non-attendance. The claimant did not attend the final hearing and did not respond to enquiries from the tribunal clerk. The tribunal found insufficient evidence to proceed without the claimant's oral evidence, particularly regarding proof of remuneration, non-payment of wages, and the reason for termination.
Practical note
Even with an insolvent respondent, a claimant must attend their final hearing; a tribunal will not make findings on unpaid wages or redundancy without corroborating evidence beyond the ET1 form.
Legal authorities cited
Statutes
Case details
- Case number
- 6019108/2024
- Decision date
- 17 March 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 0.5
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 3 years
Claimant representation
- Represented
- No