Miss H Iqbal v MITIE: 2205921/2018
JUDGMENT
The Claimant’s claims alleging(1) unlawful deduction from wages and(2) failure to pay holiday money due are dismissed.REASONS
[1]By a Claim Form ET1 presented to the Tribunal on 31 August 2018 the Claimant brought two claims against the Respondent alleging(1) unlawful deduction from wages and(2) failure to pay holiday money due.[2]The Respondent failed to enter an appearance by the due date of 12 November 2018.[3]The case was listed for hearing on Thursday 20 December 2018.[4]The Claimant failed to attend the hearing on 20 December 2018 and no communication was received from her by the Tribunal.[5]The Employment Judge considered the material before him in the file and formed the view that there was insufficient or no evidence or supporting material to substantiate either of the claims made by the Claimant against the Respondent. 10.2 Judgment - rule 61 Case No: 2205921/2018[6]In particular, there was no information furnished in relation to the period or periods allegedly worked by the Claimant, and, apart from the information entered into Box 6 of the ET1, there was no information about the amount of wages which are said to be in issue.[7]Furthermore, there was no indication of the amount of holiday entitlement which is said to be due to the Claimant and no computation of the amount claimed from the Respondent.[8]In those circumstances the Employment Judge formed the view that the Claimant had failed to substantiate either of the claims made, in consequence of which the Claimant’s claims alleging(1) unlawful deduction from wages and(2) failure to pay holiday money due are dismissed.