Cambridge Joinery Ltd v Commissioners for Revenue and Customs: 3305401/2023
JUDGMENT
[1]The appeal by the Claimant against a notice of underpayment issued under the National Minimum Wage Act is dismissed.REASONS
[1]This matter came before me today for hearing of the appeal against a notice of underpayment issued by the Respondent under the National Minimum Wage Act.[2]Neither party attended. No evidence has been filed by either side.[3]I directed that a phone call was put into both parties. I was informed that a call was put into the Claimant but that it would not connect and that there was no number for the Respondent.[4]I have seen an acknowledgement of the appeal and a notice of hearing today. Whilst I am concerned that there has been no evidence submitted and no engagement from either party, I do not exercise my discretion to adjourn this Case No. 3305401/2023 matter. Tribunal resources are stretched and it is not for the Tribunal to chase parties for updates or to be the proactive party in progressing cases.[5]Even with a neutral burden of proof, there is nothing before me that would be the basis for allowing the appeal. This is not a case in which the pleading in isolation establishes the appeal. This is a case in which evidence is required. Without evidence, I am unable to allow the appeal that the notice was incorrectly issued, and I dismiss the appeal.