Mr I Zhelyazkov v Jason Purcell and Elite Shopfitting Ltd: 2200283/2018
JUDGMENT
ON REMEDY The Judgment of the Employment Tribunal in respect of the Claimant’s claim against the Respondents regarding outstanding wages is to award no compensationREASONS
[1]By a Claim Form presented to the Employment Tribunal on 27 January 2018 the Claimant claims £5,450 net (£7,267 gross) against two Respondents, Jason Purcell and Elite Shopfitting Limited.[2]Neither Respondent entered a Response to the claim.[3]The Claimant is therefore entitled to default judgments against both Respondents and for compensation to be assessed upon evidence supporting the claim being presented by the Claimant to the Tribunal.[4]The Claimant failed to attend the Remedy Hearing on 25 June 2018. There was no explanation from him at the time or subsequently for his failure to attend the Tribunal. 10.7 Judgment with reasons – rule 62 1 Case Numbers: 2200283/2018[5]Nevertheless, the Employment Judge on that date decided not to bring the proceedings to an end but adjourned the Remedy Hearing, directing that the Tribunal should check the Claimant’s address within the Tribunal records in order to establish that the Claimant had been properly notified of the hearing, to establish whether the Claimant had notified a change of address which had been overlooked within the Tribunal records, and to relist the Remedy Hearing for 22 August 2018. Those actions were undertaken by the Tribunal.[6]The Claimant failed to attend the Remedy Hearing on 22 August 2018. There was no explanation from him at the time or subsequently for his failure to attend the Tribunal.[7]Nevertheless, I directed that the Tribunal should write again to the Claimant to establish his intentions regarding these proceedings.[8]That action was taken and as at today’s date there have been no communications from the Claimant.[9]The Tribunal draws the inference that the Claimant has decided, for whatever reason, not to proceed with these proceedings.[10]The Judgment of the Employment Tribunal in respect of the Claimant’s claim against the Respondents regarding outstanding wages is to award no compensation. Employment Judge 13 September 2018 Date ………………………………………………