Ms A Humphries v Cleaning Twenty-Four Seven Ltd: 3200296/2023
JUDGMENT
[1]The Respondent is to pay the Claimant £60 pay in lieu of holidays by 11 September 2023.[2]The claim for notice pay is dismissed.REASONS
[1]There was no attendance by or on behalf of the Claimant. An ET clerk Mr R Webber telephoned the Claimant’s representative Mr A Mills who first said he was unaware of the hearing today and then confirmed that he had received the notice of hearing issued on 3/3/23 but that it had “slipped his mind”. He declined to join the hearing today but asked via the clerk for an adjournment to a later date. I refused to adjourn as the Claimant and her representative have had ample notice and if today’s hearing was inconvenient, they could and should have applied much earlier for an adjournment. Asking for an adjournment after the time that the hearing is supposed to have started is unreasonable, and if such requests are acceded to, wastes judicial resources. The claims in this case are small in amount and it is not proportionate to adjourn.[2]I therefore proceeded to consider the material before me which consisted of the ET1 and ET3 only. Case Number: 3200296/2023 2[3]The Claimant claims notice pay but it appears clear that she resigned without giving notice, so she was not entitled to notice pay so that claim is dismissed.[4]The Respondent admits in its ET1 that it owes the Claimant £60 holiday pay. To that extent the holiday pay claim succeeds but not otherwise. Employment Judge J S Burns Dated: 21 August 2023 Case Number: 3200296/2023 1 EMPLOYMENT TRIBUNALS Claimant: Ms A Humphries Respondent: Cleaning Twenty-Four Seven Ltd NOTICE[1]The email of A Mills dated 23/08/2023 on behalf of the Claimant has been treated as a purported application for reconsideration under Rule 71 of the judgment entered on 21 August 2023. The application is refused.[1]The application has not been copied to the Respondent as required by Rule 71.[2]There is in any event no reasonable prospect of the judgment being varied or revoked.