Miss G Hardy v Safeline Ltd and others: 2410421/2019
JUDGMENT
[1]The judgment of the Tribunal is that the Claimant’s Claim for unlawful deduction of wages is dismissed.REASONS
[1]The Claimant presented a claim for unlawful deduction of wages on 31 July 2019. She named the Respondent as Safeline Limited. No response was entered by the Respondent.[2]A hearing was listed before Employment Judge Holmes on 22 October 2019. The Respondent did not attend. At that hearing Judge Holmes made the following orders:a. That the hearing was postponed until 17 December 2019.b. The Claimant had permission to add True Financial Services Limited and James Paul Turley as Respondents.c. That the claim be served upon True Financial Services and James Paul Turleyd. That the Claimant do by 5 November 2019 prepare and serve upon all Respondents and the Tribunal, a schedule of loss setting out the sums that she is claiming and how the same are calculated, and a witness statement setting out the circumstances of her employment, when, how, and from whom she received any payments and exhibiting to that statement an relevant documents that she relies upon.[3]The Claim Form was served on all parties on 12 November 2019. A copy of the Orders on Postponement of Hearing was also sent to all parties.[4]The Tribunal files shows that no response form was entered from any of the Respondents. The Claimant also failed to prepare and serve a schedule of loss or a witness statement.[5]On the morning of the hearing the Tribunal asked the Clerk to telephone all parties to ascertain their whereabouts. The calls were unanswered. The Tribunal waited until 10.30 am to see if the parties arrived.[6]Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 provides: If a party fails to attend or to be represented at the hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of the party. Before doing so, it shall consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.[7]In this case neither party has attended or provided any reasons for their nonattendance. The Claimant has failed to comply with the orders of the Tribunal dated 22 October 2019 and the Respondent/s have failed to enter a response form.[8]Having considered all the information on the file and having made reasonable enquiries as to the whereabouts of the parties the Tribunal considers that the Claimant’s claim for unlawful deduction of wages should be dismissed.