Mr J Hemstock v Millhouses Accountancy Ltd: 1800870/2022

EMPLOYMENT TRIBUNALS

Case No 1800870/2022

Between

In personClaimant

no attendance This has been a remote hearing by CVP. Both Mr Scholey (director of the respondent) and the claimant had attempted to connect to the virtual hearing link provided to them by the Tribunal. This contained an error which was corrected by an email sent at 2.07pm. The claimant then promptly connected. Mr Scholey did not connect and several calls were made to him, both to the landline provided in the ET3 and a mobile number provided by the claimant. I also directed an email be sent to him explaining that we were waiting in the virtual hearing room. We waited until 2.30pm when I decided to proceed in the respondent’s absence, bearing in mind Rule 47. The claimant had complied with the pre hearing directions by sending to the respondent the documents on which he intended to rely; there was no evidence that the respondent had complied with the pre hearing directions.Respondent

Before

Employment Judge JM Wade

In person for claimant

Not represented for respondent

Date 21 April 2022

JUDGMENT

The claimant’s complaints of unlawful deduction from wages (as to wages in respect of two hours on his final day, and holiday pay) succeed. His claims of breach of contract (notice pay and expenses) also succeed as pleaded. The respondent shall pay to him the gross sum of £618 and I uplift that sum by two weeks’ pay (£462) exercising my discretion in circumstances where the respondent did not provide to the claimant a written statement of employment particulars in accordance with Section 1 of the Employment Rights Act 1996. The total sum payable is £1080.