Mrs G Banfield v Red Brick Day Nursery: 3304381/2018
JUDGMENT
[1]The claimant’s claim is dismissed. NOTICE TO SHOW CAUSE[1]The claimant is to show cause by not later than 4 pm on 7 November 2018, in writing to the tribunal and the respondent, why the claimant should not be liable for a preparation time order in favour of the respondent for its costs in preparation for this case, including preparation for today’s hearing, which costs have been summarily assessed today in the sum of £585.[2]In the event that notice is shown, the tribunal will consider the matter on paper, unless either party requests a costs hearing within seven days of the claimant showing cause.[3]If the claimant does not show cause, then the respondent will be entitled to a preparation costs order, payable by the claimant, in the sum of £585.REASONS
[1]The claimant submitted her claim on 1 March 2018, claiming unlawful deductions from wages.[2]The respondent’s response of 17 April 2018, confirmed some monies were due, (and would be paid), leaving a balance of the claimant’s claim in dispute.[3]On 13 September 2018, the respondent contacted the tribunal with a request for an order that the claimant comply with the case management orders issued on 20 March 2018, setting out the precise value of her claim and how it is calculated. The respondent had heard nothing from the claimant since she filed her claim form.[4]On 19 September 2018, the tribunal wrote to the claimant advising that the respondent had been unable to obtain any answer from the claimant to requests for information, asking the claimant to co-operate and advising that any delay or postponement as a result of her failure could result in a costs order being made against her.[5]Notwithstanding, the lack of any reply from the claimant, the tribunal wrote to the parties on 26 September 2018, confirming that today’s case would proceed as the claim was relatively straight forward and there would be a long delay before a hearing could be relisted.[6]The claimant’s failure to engage in the process and her failure to attend today’s hearing are indicative of the unreasonable conduct of proceedings. The respondent’s representative advised that she had been engaged on some 15 hours of work in preparing for the hearing with a wage of £39 per hour amounting to £585. I was content to summarily assess the respondent’s costs in that figure, but I am determined that the claimant should be given notice and an opportunity to show cause why a preparation time order should not be made against her.