Mr A Greenaway v Spear Auto Services Ltd: 1601598/2019
JUDGMENT
The Claimant’s claim of unauthorised deductions from wages is dismissed.REASONS
[1]The hearing was listed to deal with the Claimant's claim of unauthorised deductions from wages.[2]The Respondent had not submitted a response, and therefore the hearing was arranged to determine the remedy to which the Claimant would be entitled. The hearing was scheduled to commence at 9:45am, and was allocated one hour, “to hear the evidence and decide financial compensation or other remedy”.[3]On the morning of the hearing, neither party was in attendance. That was not surprising in respect of the Respondent, as it had not submitted any response and the notice of hearing had indicated that it would only be entitled to participate in the hearing to the extent permitted. It was however surprising in the context of the Claimant. I therefore asked the Tribunal clerk to contact him to understand whether he was going to attend and any reasons for his non-attendance.[4]The clerk was able to contact the Claimant by telephone, and was told by him that he was at work and that he was not intending to attend. Case No: 1601598/2019[5]Rule 47 of the Employment Tribunals Rules of Procedure provides that if a party fails to attend or be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of the party. The Rule goes on to provide that, before doing so, the Tribunal shall consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.[7]In view of the Claimant's comment that he was not going to attend, and as he had not provided any reason for any inability to attend, I decided to proceed with the hearing in his absence.[8]In the circumstances, as the notice of hearing had informed the Claimant that the hearing would hear evidence and decide financial compensation, and as he had not been present to provide any evidence to support his claims, I considered it appropriate to dismiss them. _____________________________________ Employment Judge S Jenkins Date: 3 March 2020______________________ JUDGMENT & REASONS SENT TO THE PARTIES ON 4 March 2020 ........................................................................................ FOR THE TRIBUNAL OFFICE Case No: 1601598/2019 11.11 Judgment on reconsideration of rule 21 Judgment – hearing - rule 70 EMPLOYMENT TRIBUNALS Claimant: Mr A Greenaway Respondent: Spear Auto Services Limited UPON APPLICATION made by letter dated 6 March 2020 to reconsider the judgment under rule 71 Employment Tribunals Rules of Procedure 2013 dated 3 March 2020.[1]Having considered the evidence before it, the respondent repudiated the contract through its conduct towards the claimant and the claimant accepted that repudiation on 6 September 2019; the effective date of termination is this date;[2]The claimant’s claim for unpaid wages is well founded and the respondent is ordered to pay the claimant £1,440 (as the claimant was employed and available for work from 28 June 2019 to 6 September 2019).[3]The claimant’s claim for unpaid holiday pay (the claim having been amended with the permission of the tribunal at the hearing) is well-founded and the respondent is ordered to pay the claimant £45. Case Number: 1601598/2019 (V) 2