Mrs L Hart v H&S Direct Solutions Ltd T/a Flexecare: 2404469/2018
JUDGMENT
The claim is dismissed.REASONS
[1]By a notice sent to the parties on 13 March 2018 the claimant was informed that the final hearing of the claim would take place today.[2]A case management order was sent to the parties on 3 May 2018. The respondent informed the tribunal that it had complied, but the claimant had not.[3]Ms H Mabapu and Ms R Hussain attended the hearing on behalf of the respondent. The claimant did not attend and did not give any reason for her non-attendance.[4]The tribunal considered all the information available to it about the reasons for the claimant’s absence. The tribunal clerk attempted to make contact with the Case No. 2404469/2018 claimant by telephone, but the call was diverted to voicemail. No reason for the claimant’s absence could be ascertained.[5]The overriding objective would not be achieved by adjourning the hearing. The claim is therefore dismissed under rule 47 of the Employment Tribunal Rules of Procedure 2013.[1]The judgment sent to the parties on 8 June 2018 is revoked.[2]The respondent made a series of unlawful deductions from the claimant’s wages by paying her wages 4 days later than the date on which those wages were properly payable.[3]The tribunal cannot order the respondent to pay wages to the claimant because the claimant was fully paid (albeit 4 days late on every occasion).[4]The respondent’s application to present an employer’s contract claim is dismissed on the grounds that it was presented after the expiry of the time limit and the claimant did not present a claim for damages for breach of contract.