Claimant v Nikee's Beauty Bar
Outcome
Individual claims
Dismissed under Rule 47 for non-attendance by both parties at the final merits hearing, with neither party responding to telephone calls or providing reasons for absence.
Dismissed under Rule 47 for non-attendance by both parties at the final merits hearing, with neither party responding to telephone calls or providing reasons for absence.
Complaint of failure to provide a written pay statement or adequate pay statement dismissed under Rule 47 for non-attendance by both parties at the final merits hearing.
Facts
Ms Ghelani brought claims against Nikee's Beauty Bar for unlawful deduction of wages, holiday pay under the Working Time Regulations, and failure to provide written pay statements. The respondent filed a counter-claim. Neither party attended the final merits hearing on 6 January 2025, and neither responded to telephone calls from the tribunal.
Decision
Employment Judge Coll dismissed both the claim and counter-claim under Rule 47 of the Employment Tribunal Procedure Rules 2024, because neither party attended the hearing, responded to telephone enquiries, or provided information about reasons for absence.
Practical note
Claims will be dismissed without consideration of merits if parties fail to attend a scheduled final hearing and cannot be contacted to explain their absence.
Legal authorities cited
Statutes
Case details
- Case number
- 3302889/2024
- Decision date
- 10 January 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No