Mr N Ringham v Alaskan Ice Ltd: 2601729/2021
JUDGMENT
[1]The Claimant’s claim is dismissed.REASONS
[1]This matter was listed before me at 2pm today, 3 December 2021, for a final hearing of the Claimant’s claim of unlawful deductions from wages.[2]Upon consideration of the Tribunal file I was satisfied that the parties had both been notified of the hearing by a Notice of Hearing dated 17 August 2021.[3]The Notice of Hearing directed that both parties should attend by 30 minutes prior to the hearing (i.e. by 1.30pm). Neither party complied with this direction, nor had either party attended by 2.30pm, the point at which I began writing this judgment.[4]The Tribunal office attempted to telephone both parties shortly after 2pm, but neither responded to telephone calls. Calls to the Claimant’s telephone number listed on the ET1 went straight to voicemail.[5]I had no other information to explain the absence of either party.[6]The burden of proof in this matter rests with the Claimant, and, given that consideration of the ET1 and ET3 shows that there is a dispute of fact between the parties, the Claimant cannot discharge that burden if he does not attend to give evidence. I have accordingly decided to dismiss the claim pursuant to rule 47 of the Employment Tribunal Rules of Procedure 2013. Case No: 2601729/2021 10.7 Judgment with reasons – rule 62 March 2017 _____________________________________ Employment Judge Varnam 3 December 2021[1]The judgment dated 3 December 2021, dismissing the Claimant’s claim of unlawful deductions from wages, is hereby reconsidered and revoked pursuant to rule 70 of the Employment Tribunal Rules of Procedure 2013.[2]The Respondent made unlawful deductions from the Claimant’s wages. These totalled £2,948.50 gross.[3]The Respondent is accordingly ordered to pay the gross sum of £2,948.50 to the Claimant.