Mr T Amao v Lolockul Ltd: 2411067/2019
JUDGMENT
The claimant’s claim is dismissed under rule 47 of the Employment Tribunal rules of procedure.REASONS
[1]The claimant has claimed unlawful deduction from wages. The claim form does not record the amount claimed but it appears to relate to a limited period of time. The respondent has entered a response relying upon illegality, concerning the claimant’s alleged inability to work in the UK and the non-provision of documents which evidenced his ability to do so.[2]The case was listed for final hearing today. Neither party attended the hearing.[3]The parties were informed of the current hearing date by letter of 19 December 2019. That letter stated that, save for exceptional circumstances, no application for a postponement made after 14 days from the date of the order would be granted.[4]The claimant made a request for a postponement by email yesterday afternoon. The grounds for making the request were that the claimant needed to finalise briefing counsel. That request was refused by EJ Sherratt yesterday afternoon.[5]The claimant did not attend today’s hearing. Enquiries were made about the reason for the claimant’s absence, and he referred to his postponement application. No other reason was provided for his non-attendance. Case No: 2411067/2019[6]Rule 47 provides that a claim may be dismissed if a party fails to attend a hearing. The Tribunal has decided to dismiss this claim under that rule. No good reason has been provided for the claimant’s non-attendance. He had sufficient notice of the hearing. It is in accordance with the overriding objective that the claim be dismissed.