Mr F Simonyi v Ian Lock T/a Blue Ball Inn: 1400676/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £5225.[2]The respondent is ordered to pay costs to the claimant under Rule 75(1)(b) in the sum of £160 in respect of the issue fee paid by the claimant in these proceedings.[3]The hearing listed on 7th July 2017 is cancelled. Employment Judge O Harper _____________________________ Date: 2nd June 2017[1]In addition to the amount already ordered to be paid by the respondent to the claimant the respondent is ordered to pay to the claimant the sums of,1.1 £ 72.00 Preparation Time (under Rule 75)1.2 £ 203.40 reasonably incurred travel expenses attending the hearing on 2nd November and today’s hearing (under Rule 75) Total £ 275.40[2]The respondent’s application to set aside Judgment is dismissed.REASONS
[1]The unhappy history of this case is set out in the Order made by me on 2nd November 2017 sitting at Worle. The only outstanding matter is the respondent’s application to set Judgment aside made on 11th august 2017. The respondent did not attend that hearing stating he had been advised by NHS Direct not to do so. He did not provide any medical evidence to support this and still has not done so despite being ordered to provide such information by 10th November 2017. All that he sent in was a photograph of a leg. The respondent states that it is his leg but I have no evidence that it is. It could be a picture of anybody’s leg.[2]Since that date the Tribunal wrote a very clear letter to the respondent stating “The respondent is informed that any application for a postponement of the hearing should be accompanied with medical evidence and the application should be copied to the claimant under Rule 30 of the Employment Tribunals Rules of Procedure 2013 giving the claimant 7 days to provide his comments.”[3]The pattern of events has continued as far as the most unsatisfactory behavior of the respondent is concerned. By an email sent by the respondent yesterday at 1556 he again indicated that, yet again, he was not intending to come to tribunal today. He conspicuously failed to produce proper medical evidence. The obligation to do so is entirely upon him. He attached to his email three photographs of a leg and foot. I have no evidence that it is his leg or foot. It is not the role of the tribunal to phone up hospitals or doctors to verify what has been said.[4]At 1118 this morning the respondent sent in a further email responding to points raised by the claimant in an email sent yesterday (29th November 2017 at 2050). This was a further opportunity for the respondent to send in medical evidence but no such further evidence was provided.[5]It was clear from the previous Order that the claimant has now moved to Kent and the claimant travelled from Kent this morning to be present at Tribunal.[6]The respondent seems to believe that he is exempt from complying with very clear directions from the tribunal. He has failed to comply with the Order made on 2nd November 2017 to file medical evidence as to why he did not turn up to tribunal on that date. In respect of his application further to postpone the hearing a) he has not filed proper medical evidence and b) he has not complied with the 7 day requirement.[7]The application to set aside the Judgment will be dismissed as it has no merit and the respondent has not attended court as required to provide further details in support of his application. Neither will the application be further postponed.[8]I am sympathetic to the claimant who has now attended twice on the respondent’s application to set aside judgment. He has incurred time preparing for both hearings and expenses attending both hearings. It is entirely appropriate to order that the respondent pay an amount of preparation time under Rule 75. The current rate is £36 per hour. I am satisfied that the claimant is entitled to two hours preparation = £72. I am also satisfied that the claimant reasonably incurred travel expenses of £ 36.00 attending the abortive hearing on November 2nd and travel expenses of £167.40 attending today’s hearing.