Ms A R Robalo Correia and Miss C Rosa v Mr A Elbayoumi: 3302376/2020 and 3302377/2020
JUDGMENT
The Claimants’ claims of failure to pay wages are dismissed.REASONS
[1]The Claimants are said to have worked for the Respondent between 10 September 2019 and 23 October 2019 (i.e. six weeks). They entered ACAS Early Conciliation between 6 December 2019 and 6 January 2020, before lodging a claim on 21 January 2020. This claim was served on the Respondent the following month.[2]No response was submitted by the Respondent. In light of what appeared to be a typographical error in the Respondent’s postal address, he claim was re-served on the Respondent on 19 September 2020. Still no response was received.[3]On 28 November 2020, the Employment Tribunal wrote to the Claimants indicating that a Judgment could be entered in the circumstances and requesting that they confirm the amounts they were seeking by way of compensation. The letter mistakenly suggested that a hearing fee was payable if the Claimants had to attend to give evidence about the amounts they are claiming. However, and in any event, the Claimants did not reply Case Nos: 3302376/2020 3302377/2020 by the deadline of 10 December.[4]On 3 January 2021, the Claimants were sent a further version of the 28 November letter, by email and by post to the addresses given on the claim form, with a request to respond by 11 January 2021. They did not respond.[5]It has not been possible to calculate the amounts claimed without a response from the Claimants. Accordingly, a Hearing was listed via CVP for 10 August 2021 and an email with joining instructions was sent.[6]The Employment Judge attended at the scheduled start time of 12.00. No communication had been received from the Claimants to say that they were unable to attend. The clerk attempted to contact the Claimants using the phone number given, but was unsuccessful. The call did not connect. In the circumstances, the Employment Judge concluded that all practicable enquiries had been made and dismissed the claims under Rule 47 ((Schedule 1, Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013)).