Miss E Denman v HPM Drinks Ltd: 1802615/2023

EMPLOYMENT TRIBUNALS
Case No 1802615/2023
Miss E DenmanClaimantHPM Drinks LtdRespondent
Employment Judge ShulmanIn person for claimantNot represented for respondentDate 26 July 2023

JUDGMENT

[1]The proper title of the respondent is HPM Drinks Limited.[2]The claimant abandoned her claim during the hearing by leaving the CVP and the claimant’s claim is therefore dismissed.

REASONS

[1]The claimant made the following claims: 1.1. No notice pay - £423.10. 1.2. No holiday pay - £626.19. 1.3. Unauthorised deduction of wages (no pension) - £15.88 Grand total £1065.17 Case Number: 1802615/2023[2]The respondent operated a public house known as Sharkeys in Hull and the claimant was the deputy manager.[3]The claimant was made redundant on 1 August 2022 but did not present her claim until 6 May 2023.[4]The claimant told the Tribunal that she knew that she had to make a claim within three months of her dismissal and the Tribunal asked the claimant why she did not make the claim within that period.[5]At that point of the proceedings the claimant moved to terminate the CVP, closing her camera, having moved it about and then when the Tribunal asked her to revert she did not and she disappeared from the video.[6]I asked the clerk to telephone the claimant and the clerk made two attempts to do so, which were unsuccessful.[7]On 2 June 2023 Employment Judge Rogerson reviewed the file and a letter was sent to the claimant pointing out to her what the time limit was for bringing a claim, pointing out that the claim should have been made by the end of November 2022. The letter stated that if the claimant wished to continue with the claim it would be listed to decide whether or not the claim was in time. The claimant was asked to indicate whether she wished to continue or not by attending on 10 July 2023. The Tribunal took her attendance as an indication that the claimant wished to continue.[8]At the hearing the claimant clearly did not wish to be questioned as to why she was out of time, by her actions in leaving this CVP.[9]In all the circumstances the claimant’s claim is dismissed.