Mr J Vincent v Green Efficiencies Ltd: 3303896/2018
JUDGMENT
The Claimant’s claims of unauthorised deductions from wages, holiday pay and breach of contract are dismissed.REASONS
[1]A hearing was scheduled for 2 May 2019 as a final hearing to deal with the Claimant’s claims against the Respondent of unauthorised deductions from wages, holiday pay and breach of contract in relation to notice. The Claimant’s initial claim of unfair dismissal had been dismissed in October 2018 due to his lack of continuous service.[2]A Notice of Hearing was sent to both parties on 18 December 2018, the previous listing of the hearing on 30 November 2018 having been postponed by the Tribunal. Attempts to contact both parties had been made by the Tribunal administration the day before the hearing in the usual way but no contact was able to be made.[3]Neither party was in attendance or was represented at the commencement of the hearing on 2 May 2019 or at any time thereafter and neither party made contact with the Tribunal to explain their lack of attendance or representation.[4]Rule 47 of the Employment Tribunals Rules of Procedure notes that, if a party fails to attend or be represented at the hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party but, 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.[5]In this case, neither party was in attendance and there was no information available to the Tribunal about the reasons for the parties’ absence. However, all of the Claimant’s claims required him to prove that sums of money were due to him and therefore his absence was the most 10.1 Judgment – no hearing - rule 60 Case No: 3303896/2018 significant. In the circumstances, and bearing in mind that the Claimant had presented no evidence to support his claims, I considered it appropriate that they should be dismissed.