Mr A Hyman v Generate FS: 2300026/2019
JUDGMENT
The Judgment of this Tribunal is that the claim is dismissed forthwith.REASONS
[1]Reasons for the above Judgment are provided in writing because the Claimant was not present at the hearing.[2]The reasons are set out only in as much detail as the tribunal considers necessary so that the parties understand why the Judgment was made; and only in as much detail as is proportionate.[3]By a claim form which was presented on 3 January 2019, Mr Hyman complained about various matters which he characterised as being owed holiday pay, arrears of pay and other payments. In relation to the claim for ‘other payments’ being made in Section 8.1 of his claim form, he referred to Case Number: 2300026/2019 various procedural and administrative matters which he submitted the Respondent had failed to comply with, relating to pay and evidence of pay.[4]In the notice of the claim, the Tribunal gave the parties directions about providing documentation in relation to the claim. The notice of claim was sent to the parties on 18 February 2019. In particular the case management orders provided that no later than 4 weeks from the date of that letter, the Claimant was to set out in writing to the Respondent what remedy the Tribunal was being asked to award. It continued that the Claimant should include any evidence and documentation supporting the claim and how it was calculated.[5]The Claimant had not complied with that direction and indeed as set out above he did not attend the hearing.[6]The burden of proof in relation to the types of claim being made by the Claimant, lies on him. His failure to have clarified and given any detail in relation to the claim meant that he had not discharged that burden of proof.[7]In the grounds of resistance which were submitted on 6 March 2019, the Respondent disputed that any monies were due but in any event indicated that as no detail of the claim had been provided they were unclear what they were supposed to be responding to.[8]In all the circumstances the Tribunal dismissed the claim.